Life Imprisonment Study In The Criminal Law Amendment (IX)

Life imprisonment as a free punishment,mainly in the Anglo-American legal system,whether it is from the legal basis of the theoretical basis,or from the original intention of foreign legislation,life imprisonment is the death penalty instead of prison or alternative measures posture.However,China's "Criminal Law Amendment(9)" in the corruption of bribery in the provisions of life imprisonment,and no copy of foreign experience,the new life imprisonment is not an independent type of punishment,nor the death penalty alternative measures.It is this special legislative position that has led to a great discussion in the academic world,and this particular definition of the life imprisonment in the crime of embezzlement and bribery is appropriate;how should it coordinate the general and sub-rules between the criminal law And its relationship with other penalties,such as the death penalty execution,life imprisonment and restrictions on the relationship between commutation and how to deal with a series of issues,the need for in-depth study.This article will start from the general sense of the term of life imprisonment theory,connotation,foreign legal provisions,the macro to grasp life imprisonment.Lifelong imprisonment originated from the death penalty in Bekaalia,and he argued that the abolition of the death penalty could be replaced by life imprisonment.Since then,this view of the death penalty alternative punishment in the national criminal law has also been carried out,life imprisonment in various forms of legislative manifestations of various countries,but have their common,such as the application of the object is often dangerous,serious but not Must be sentenced to death,but also the need to permanently isolate the community of criminals;it is the most severe free punishment,deprivation of liberty is often lifelong,life imprisonment can be through the commutation,parole or pardon change.And then from China's national conditions,China's life imprisonment is not commuted to parole,because life imprisonment is to increase the free punishment of the application of the death penalty,in line with the development of the trend of light punishment,coupled with China's criminal policy requirements " Rot,caution with the death penalty ",so the introduction of life imprisonment in the process of life imprisonment with legal,policy and practical value.In order to achieve the above value better,we must clearly define the legal attributes of the new life imprisonment in our criminal law.From the legal stipulation itself,our life imprisonment should be defined as a death penalty execution and Term imprisonment of a special punishment and sentencing nature of the special penalty measures.To clarify its legal attributes,and then to explore the application of life imprisonment in China,as well as its "criminal law" general rules,the relationship between the subordination of life imprisonment and did not break the system of punishment system,which is the "Criminal Law" It is the embodiment of the "criminal law" to make up the rigid nature of the general rule.Through this exception,the criminal law is more able to keep pace with the times and give full play to the role of its law.At the same time,the provision of life imprisonment in the sub-rule is different from the death penalty in the general rule of the implementation of the system,my life imprisonment and limit the commutation system,which further improve our system of punishment,so envisaged life imprisonment independent of a penalty category.