Study On The Improvement Of The Life Imprisonment System In China

The abolition of the death penalty is an inevitable trend from the perspective of the development of the long-term penalty. In order to integrate with the world, our country put forward to the criminal policy of the application cautions of death penalty, in the legislative and judicial practice have carried out their spirit. In recent years, the criminal law amendments to the death penalty again and again explained that China's efforts in this one. After the death penalty will be included in the study of academia, life imprisonment as the death penalty after the punishment, its severe second only to the death penalty. And our country is in the stage of socialist transformation, in order to deal with complex and serious crimes,life imprisonment compared with the death penalty has a significant superiority, and foreign countries to retain life imprisonment as life penalty as an alternative punishment, or as a statutory the maximum penalty practice, but also shows the value of life imprisonment.The provision of life imprisonment in our country is too simple and rigid, in the law of the sentence as a temporary death penalty as a substitute for death or imprisonment, and because of the wide application of commutation parole, life imprisonment and imprisonment is almost the same, This makes the suspicion of the existence of life imprisonment,coupled with the fuzzy set between death and life imprisonment, where most of the criminals who are sentenced to death will be changed to life imprisonment, the relationship between death and life imprisonment immediate execution of the death penalty is more close, resulting in the death penalty and life imprisonment inconsistent. In addition, life imprisonment between imprisonment and death, due to the shortcomings of life imprisonment in our country, life imprisonment can not play as a death sentence and imprisonment between the bridge function. At the same time, this is also a disguised lead, in our country on life imprisonment in the number of criminal penalties in the application of the principle of absorption, there will be no other evaluation of the crime or obvious evaluation of the light questioned, that contrary to the criminal law principle of conformity of crime and punishment.It is even more necessary to perfect the life imprisonment under the premise of restricting the death penalty. Today's life imprisonment should be based on different levels of life imprisonment combined with commutation parole and death sentence to meet the status quo of complex society. The provision of a clear manifestation of the severity of life imprisonment, and therefore can not be a wide range of applications, the need for life imprisonment for the object and the scope of the application to be limited, which in the text also carried out a specific exposition, life imprisonment perfection leading to the overall changes in the penalty system, and thus it is particularly critical to take these steps to perfect life imprisonment.