The Study On The Applicable Value Of Life Imprisonment In China

According to Criminal Law Amendment(No.9),criminals who committed serious crimes of corruption can simultaneously be sentenced to life in prison when legally commuted to life imprisonment after the death sentence with two-year suspension,which cannot be commuted a sentence or released on parole.It is the first time to introduce the concept of life imprisonment,which indicates that the research on the substitution of death penalty in our country has entered into a substantial discovery stage.In the case of retaining the death penalty,replacing the death penalty with life imprisonment can protect the criminals' life rights,demonstrate the role of punishment in discipline and education,narrow the huge gap between the life punishment and the death penalty,improve the penalty system of our country,and guarantee the realization of the purpose of the penalty.Therefore,the study of life imprisonment system and its judicial application has played an important role in the improvement and development of our country's penalty system.Thus,this article will take the crime of embezzlement and bribery as the research starting point,use the literature material analysis method and the comparative analysis method and be divided into five part:The first part is an overview of the life imprisonment system,this article will introduce the concept and different types of life imprisonment,explain the current life imprisonment system in China,and analyze its relationship with Chinese current life imprisonment.The second part will introduce the comparison of the function of life imprisonment in foreign countries and its reference value to China.The third part will discuss the legislative background of the addition of life imprisonment in our country.On the basis of the defects of life imprisonment and death sentence with reprieve,this article will analyze the positive functions of the life imprisonment system.The fourth part will point out the problems of the life imprisonment system,including the system itself and the specific problems of application of the system in China.The fifth part will introduce how to scientifically exert its function of the life imprisonment in China and put forward some suggestions of solving the problems that we faced and scientifically playing the function of life imprisonment.