Study On The System Of Life Imprisonment For Corruption And Bribery

Life imprisonment,refers to the criminal who is sentenced,spending all his life in prison.Life imprisonment is one of the more severe after death freedom penalty,have enough cruelty.It is widely used in the outside range,also existing in the history of our country.For example,the "transferred to male and female servants" of Qin Dynasty is a lifelong servitude.Life imprisonment is introduced into Chinese criminal law with "Criminal law amendment(9)",becoming a great bright spot.Life imprisonment in China can not be for commutation and parole,belongs to the absolute life imprisonment.The legislative background of adding life imprisonment is various,based on the judicial practice of our country,responsing to public opinions and meeting the needs of international collaboration,reflecting the criminal policy of anti-corruption stiff at the same time,also a powerful deterrent to the potential criminals.The scientific position of life imprisonment is the premise of our research about related issues."Criminal theory" and "special life imprisonment theory" are unreasonable,the new life imprisonment is not a criminal,as the special execution of life imprisonment,between death penalty execution and death penalty immediately.As a result of the crime to determine the circumstances,the standard of life imprisonment ruled fuzzily,the evaluation process is chaotic.The person who may be sentenced to death before being sentenced to life imprisonment,becomes the death penalty execution and the life imprisonment now,conforming to the “old and light” principle,and,as the name suggests,even the great meritorious service can not get rid of the punishment.I agree with the Germany scholar Professor Klaus Rochsin to protect the legal interests as the goal,to prevent as the core,to the boundaries of the crime for the purpose of the crime,and life imprisonment to achieve the purpose of special prevention is extremely limited,not to strengthen the general prevention effects,and the cruelty of the big lead to its non-compliance with the principle of punishment and punishment to adapt.Life imprisonment ignores human rights and the cost is too high,while China does not exist "sentenced to light,excessive death penalty" penalty structure defects.So it lacks justice as a substitute for death penalty.Life imprisonment in China’s legal soil has a lot of discomfort,so a temporary,only in the field of corruption and bribery for the relevant perfect,not suitable for other areas to expand,and should improve the pardon system and life imprisonment system,and allow significant meritorious service to commute effect.