Research On The Perfection Of The Life Imprisonment System

In some countries,such as Europe and the United States,life imprisonment is a serious crime in prison for life,to limit their personal freedom and the death of a penalty.In some countries,life imprisonment is translated as “imprisonment for life”,“lifelong detention” and so on,but with the provisions of the criminal law of the life imprisonment,both the same point,there are obvious differences,should be strictly distinguished.In order to further curb the crime of corruption and bribery,shows that the determination of anti-corruption,the sixteenth meeting of the Standing Committee in August 29,2015 Twelfth National People’s Congress passed the “People’s Republic of China criminal law amendment(nine)”,which was added to life imprisonment,not commutation and parole "this clause.Prior to this,there has never been a “life imprisonment” of the relevant provisions of the law of our country.“Criminal law amendment(nine)” for the first time will be life imprisonment in the criminal law provisions,is a new kind of punishment,punish corruption from certain progressive significance of crime,restrictions and the abolition of the death penalty,but because the law is too simple,theory of life imprisonment in China is not deep the result,there are two aspects of substantive and procedural issues in practice,so it is necessary to perfect the system of life imprisonment for further study.This article is divided into four parts:The first part,the system of life imprisonment.From the concept,characteristics and types of life imprisonment to life imprisonment in detail,through the analysis of the origin and development of foreign and Chinese life imprisonment,life imprisonment for China were located in the law,and of life imprisonment for interpretation.The second part,the application of life imprisonment and the existing problems.Including the conditions of application,the time effect,the discretionary factors,the penalty decision,etc.,And summed up the problems in the aspect of the life and imprisonment in China,such as the cruelty of life imprisonment and the problems of life imprisonment.The death penalty,the defendant’s remedy is not clear,the burden of proof is not clear and other issues.The third part,the foreign countries’ life imprisonment and its inspiration.Through the study of foreign country life imprisonment charges,configuration type setting,the implementation of the provisions of the way,get three enlightenments for China life imprisonment charges system: from the configuration point of view,life imprisonment for more serious crimes;from the type of view,most of the provisions relative to life imprisonment.The fourth part,the improvement of the system of life in prison.To make up for life imprisonment is imperfect,foster strengths and circumvent weaknesses,play to life in prison system of legislative intent,the problems of life in prison for from physical aspects put forward the perfect Suggestions and programs,such as the applicable scope of the clear life imprisonment and clear the accused shall enjoy the right of appeal,clear the bearing of the burden of proof and so on.