Research On China’s Life Imprisonment System

In 1764,the Italian jurist Beccaria had put imprisonment as an alternative to the death penalty in his "On Crimes and Punishments." Life imprisonment has since been on the stage of history and has continued to develop and improve,and has become an important component of punishment.section.Since the 18 th National Congress of the People’s Republic of China,China’s faith in cracking down on corruption has been strengthened.Punishment has been further strengthened and multiple targeted measures have been adopted.As a result,anti-corruption work has achieved certain achievements,but the anti-corruption situation is still severe.To better manage corruption,the Criminal Law Amendment(9)officially established a system of life imprisonment for corruption and bribery crimes,and made more specific provisions in relevant judicial interpretations.The establishment of this system implements the criminal policy of "brightness and strictness",reflects the "rigorous but not rigorous" legislative spirit,and embodies the principle of adaptability to crime and punishment.At the same time,it is of great value to improve the structure of punishment in our country and solve the problem of difficult judicial extradition.However,China’s life imprisonment system still has a certain degree of deficiencies in terms of qualitative,applicable scope,and applicable standards,and needs further improvement.In addition to the introduction and conclusions,the article is divided into five parts:The first part is about the meaning and classification of life imprisonment.Based on the analysis of relevant content in foreign countries,the article holds that life imprisonment refers to a system based on the circumstances of a crime,to make judgments on specific criminals,make the offender spend the rest of his life in prison,and not be released from prison.At present,our country only applies to corruption and bribery crimes;in addition,the article divides life imprisonment according to different standards into absolute and relatively fixed life imprisonment,commutable parole and non-commissionable parole,life imprisonment,forced labor and life-long imprisonment without forced labor.Wait.The definition of life imprisonment laid the necessary foundation for the article.The second part is the historical evolution of the life imprisonment system and inspections outside the region.The article analyzes and examines the life imprisonment system from two aspects.The establishment and development of the life imprisonment system within and outside the domain provided the historical basis for the establishment of this system.Based on the investigation of the relevant contents of the life imprisonment system in the major countries of the civil law system and the Anglo-American law system,the article considers that the experience of a reasonable application of the life imprisonment system outside the domain and clear application standards are worth learning from.The third part is the basis for the establishment of China’s life imprisonment system.The establishment of China’s life imprisonment system for corruption and bribery crimes is not based on imagination or fabrication,but it is based on scientific theory: it not only meets the criminal policy of combining leniency with severity,but also the spirit of strict and inflexible legislation,and it is suitable for crimes and punishments.The principle,the purpose of penalty,and the necessary requirements of the function;At the same time,the establishment of the life imprisonment system also has a sufficient realistic basis: it is an inevitable requirement to combat corruption,but also an objective need to adjust the structure of punishment,and the inevitable trend to adapt to judicial extradition.The fourth part is the main content of China’s life imprisonment system.In order to better understand the system of life imprisonment in China,we must first accurately position it.Based on the analysis of various scholars’ viewpoints,the article concludes that China’s current life imprisonment is a special way of deferred execution of death penalty(for corruption and bribery).Based on this,it further clarified its relationship with the death penalty,life imprisonment,and the mitigation of death penalty.Second,the article analyzed the scope of application and application time of life imprisonment in China,that is,the application of corruption and bribery crimes to achieve a certain amount and meet specific circumstances is announced.Death penalty execution is accompanied by life imprisonment.At the same time,it discusses its relationship with major meritorious service,and has been sentenced to death because of corruption and bribery.There are three consequences: if the crime is deliberately committed during the trial period,the circumstances are bad,the execution will be executed after the death penalty,and the major meritorious service will be reduced to two after the expiration of two years.If there is no intentional crime in 15 years of fixed-term imprisonment,it shall be commuted to life imprisonment after the test expires.The perpetrator who was sentenced to life imprisonment for embezzlement and bribery may be reduced to 25 years of imprisonment for serious meritordination and eventually deterred the application of life imprisonment.However,after the test period is reduced to life imprisonment,major meritorious service will no longer affect life imprisonment.The fifth part,the defects and perfection of China’s life imprisonment system.Although China’s life imprisonment system has been established,there are still some deficiencies: lack of clarity,narrow scope of application,ambiguous judicial standards,and increased regulatory pressures,which need to be further improved.The article believes that clarifying the nature of life imprisonment at present is a special approach to the execution of embezzlement and bribery crimes.It expands its scope of application to other non-violent crimes,and further clarifies the applicable amount standard for life imprisonment according to specific conditions such as economic development.The principle of “consisting of old and light” combined with the specific circumstances of the case to determine the applicable issues of life imprisonment,take appropriate measures to minimize regulatory costs and reduce regulatory pressure.