The Research On Life Imprisonment In China

On August 29,2015,the 16th meeting of the 12th National People’s Congress Standing Committee adopted the ninth amendment to the criminal law.According to the the new Article 383 of the Criminal Law of the People’s Republic of China,the court can judge the criminal,who grafting the huge amount and causing a particularly heavy loss,life imprisonment without parole after the suspension of the death penalty changing to the life imprisonment by the end of two years.The word of the "Life imprisonment without parole" is coming from abroad.It is the first time that our country use it in the law.And then,there are many judicial interpretations formulated in order to further clear and definite the word of the life imprisonment without parole.This article focuses on the problem of“the Life imprisonment in China",based on the newest time requirement and the real dilemma,and trying to explore the effective path and the program which meeting to the needs of our country nowadays.The main content of this article is as follows:(1)The basic theory of the life imprisonment without the parole,such as the concept and nature of the life imprisonment without the parole;the theoretical necessity of the life imprisonment without the parole,around the function of the abolition and restriction of the death penalty,the purpose of punishment,the principle of adapting to crime and punishment and so on;the distinction between the life imprisonment without the parole and other similar concepts,including the life imprisonment,the alternative measures to death penalty,the death penalty execution and the commutation.(2)The basic content and extraterritorial comparison of the life imprisonment without the parole in China,analyzing the application of the life imprisonment without the parole about its applicable conditions,time effect,eliminating and so on;the extraterritorial comparison and revelation of the life imprisonment without the parole,through exploring the logical starting point,historical process,specific methods,effective paths,research results and so on,in order to absorb foreign outstanding experience and lay the foundation for the construction of the life imprisonment system in China;(3)The problems of the life imprisonment without the parole in China,to investigate the legislative content and judicial application of the life imprisonment without the parole in China,and focusing on analyzing the problems,difficulties and obstacles existing through the development of the system in our country at this stage.There are some problems,such as the problems of the applicable conditions,the time effect,the standard of determination,execution costs and so on.(4)Suggestions on perfecting the life imprisonment without the parole in China.And to provide concrete improvement path and solution for the applicable charges and objects,lifelong condition,time effect,ruling standard and execution cost of the life imprisonment without the parole in our country.