Research On The Independent Of The Life Imprisonment System In China

Life in prison system is belong to severe punishment measures freedom penalty,as the voice of the development of The Times and to call for the abolition of the death penalty is more and more big,the life imprisonment system at this time can give play to the important role of its limit and abolish the death penalty.On August 29,2015 through the "criminal law amendment(9)for the first time to life in prison system is introduced into our country’s punishment system,the amendment will be life imprisonment system object provisions shall be applicable to the embezzlement and bribery crimes,at the time of death sentence in accordance with the law can decide to apply to life in prison system at the same time.The system to join,asked us to analyze the new system and integration between China’s present criminal law and applicable,and the need to consider a matter of choice between the new system and the death penalty.This article in the "criminal law amendment(9)" proposed "life sentence" as the foundation,discussing the new age of our country judicial application and legal position of life in prison system,mitigation and life imprisonment system problems,hoping to promote our country’s contributions to abolish the death penalty.Firstly,the paper discusses the basis of the theory of life imprisonment in China.The system of life imprisonment has been added to the existing penalty system in China,which is not only the requirement of the current constitution of China,but also the inevitable trend of the development of law in the new era.Life in prison system has its deep historical background,is the perfection of criminal law in our country and the development important symbol,is our country’s criminal law in the history of a dense,accord with the requirement of governing state under the rule of law.Secondly,by thinking about the legal position and legal value of life imprisonment system,the rationality and inevitability of life imprisonment system are analyzed.Life in prison system in the law position just penal system,at present did not rise to the level of mitigation,life imprisonment can’t exist independently,suspended death sentences must be attached to exist,is as a way for the death penalty with suspension of execution.The accession of life imprisonment system can play an important role in restraining the death penalty,which is in line with the criminal policy of China’s careful use of the death penalty.Another aspect of the new system and perfect our country’s punishment system,makes up the defect of the between life imprisonment and the death penalty,life imprisonment system make our penal system more reasonable and fair,It cannot compare with other system of the system of value and function,in line with the current situation of anti-corruption stiff time background,fit our country’s basic criminal law basic principle,embodies innovative spirit lawmakers in criminal legislation in our country,and is conducive to the further-perfect and development of China’s judicial system.Moreover,analyzing the applicable conditions of life in prison system in China,in order to life in prison in China to make up for shortcomings in further perfecting the system of new,better play to the system of value.According to the relevant provisions of the criminal law amendment(9),life imprisonment is a row after the immediate execution,and the death penalty with suspension of execution before the penalty system,applicable object now focus on corruption and bribery crime types,on the time effect of system,the system of life imprisonment is the ability to do not have retroactive,as a kind of non3 kind of punishment execution system,it is need to attached to a suspended system.The actual execution of life imprisonment is theoretically two stages of death and life imprisonment.Finally,based on the present situation of China’s reality,the author puts forward some thoughts and views on the construction of penal system in China.The author thinks that life in prison in the introduction of punishment system,is the great innovation in the penal system,can be expected is life imprisonment system in the future is will appear as a new mitigation.Considering the situation the development of our country now,completely completely abolished the death penalty is not a wise move,can only be constantly expanding applicable scope of life in prison system,gradually limits the expansion of the death penalty applies.System is the function of double side,the new system has its advantages,at the same time there are drawbacks,life imprisonment system in criminal penalties on radical constraints,the freedom of the person of criminals,you need at this time for the new system design corresponding relief way,so as to improve the application of the new system in our country,can from two aspects of substantive law and procedural law,improve the system of life in prison,in terms of substantive law,establish a system of life in prison for pardon,criminal offence has the right to apply for a pardon.In the aspect of procedural law,the burden of proof for life imprisonment is clearly defined,and the legal right of the imprisoned person is guaranteed.