"Chinese Stytle" Life Imprisonment:This Penalty System Should Not Be Advocated

The newly promulgated of the "Criminal Law Amendment(9)" for the first time makes a clear regulation to life imprisonment,which is specifically applicable to bribery corruption and bribery,this is the first time that life imprisonment appear in Chinese legal provisions.As early as the"Criminal Law Amendment(9)",there are scholars in China to discuss life imprisonment,but most of them put life imprisonment as an alternative to the death penalty to explore."Criminal Law Amendment(9)" published,making life imprisonment for the first time in a penalty system in Chinese criminal law.The term"life imprisonment"is translated,compared to foreign countries,there are some differences,such as our life imprisonment only refers to no commutation and parole,and our life imprisonment only applies to the crime of embezzlement and bribery.This article respects the relevant provisions of"the Criminal Law Amendment(9)".Unlike the life imprisonment in our country,the term "life imprisonment"in this article refers only to life imprisonment which cannot be commuted or parole.This paper is divided into five parts,the first part mainly summarizes the main focus of controversy since "Chinese style"life imprisonment into the penalty.The second part analyzes the concept and nature of life imprisonment,and points out that"Chinese style"life imprisonment is a penalty system,which is between death and life imprisonment and could not be commuted and paroled.In the third part,through the comparative analysis of the application status of life imprisonment in other countries and regions,points out that the"Chinese style"life imprisonment is a constant limited penalty system.The fourth part,from the perspective of retribution,utilitarianism and comprehensive criminal theory,pointing out that"Chinese style"life imprisonment is a backward punishment system with the continuous development of the penalty theory.In the end,the author makes a response to the theoretical controversy caused by the "Chinese style" life imprisonment,and puts forward some ideas for the future development of the "Chinese style",life imprisonment.