Study On The Application Of Life Imprisonment In China

With the implementation of the concept of combating corruption and upholding the rule of law,,China has for the first time established a new system of life imprisonment in the "Criminal Law Amendment(9)".It not only accords with the need of the construction of the rule of law,but also advances the process of capital punishment reform,which is more conducive to improving the penalty structure of our country.However,because of the late establishment,the judicial practice is faced with the predicament of inaccurate application scope,excessive discretion of judges and lack of relief channels.Therefore,by exploring the historical evolution of life imprisonment,this article will improve the life penalty of our country’s criminal law from the aspects of scope of application,discretion of judges,and relief approach based on the analysis of extraterritorial provisions and integration with actual national conditions.The first part of the story is about the concept of life imprisonment,the origins and the reason for life imprisonment,which is a substitute for the death penalty in the context of the death penalty.The second part mainly analyzes the application and existing problems of life imprisonment in China’s criminal law,and finds that while the system plays a dominant role in punishing corruption and corrupting corruption,also there is a narrow scope,the judge’s discretion and excess relief approaches the problem of the missing.The third part deals with the rules of extraterritorial life imprisonment and its enlightenment to our country.It specifically analyzes the applicable regulations and enlightenment of the relevant laws of the United States,Germany,and Russia.The fourth part puts forward some Suggestions on improving the scope of application, restricting the discretion of judges and improving the mechanism of social relief.The scope of application should be extended prudently to major crimes that endanger national security and public security;In the limitation of judges’ discretion,it is mainly to make detailed provisions on the binary structure of the amount and plot,to clarify the boundary between life imprisonment and life imprisonment and death sentence.In the remedy way,it is mainly concerned with the provisions of major meritorious service and amnesty system.