Reaserch On Life Inprisonment For Corruption And Bribery Crime In China

The establishment of the life imprisonment system for bribery and corruption crimes in the Criminal Law Amendment(9)has once again triggered a wide discussion of life imprisonment in the academic circles.Generally speaking,the establishment of the system of life imprisonment for bribery and corruption is a reflection of the Party Central Committee's strict anti-corruption policy in legislation.It is of positive significance for the implementation of the criminal policy of "less killing,cautious killing" and the curbing of the abuse of the measures to change the execution of penalties.However,incorporating the life imprisonment system,which is universally applicable to serious violent crimes,into the sentencing of corruption and bribery in China has aroused much controversy and criticism.At the same time,due to the shortcomings of the life imprisonment system itself and the fuzziness of the current law,there are undoubtedly some defects in the application of the life imprisonment for bribery crime.Therefore,combined with the effective experience abroad and the penalty system of our country,we should perfect the life imprisonment system of bribery crime,incorporate its connotation into life imprisonment,further clarify the applicable standards under the existing legal provisions,strictly limit the scope of application(it is not appropriate to extend it to other violent crimes),and introduce relief mechanism to ease rigid absolute provisions.The full text is divided into four parts to discuss:The first part is the current situation of the life imprisonment system of bribery crime in China.This part is mainly based on the current legal provisions on life imprisonment in China,combing the applicable conditions,legislative significance and nature of life imprisonment,and comparing the life imprisonment system of corruption and bribery crime in China with the life imprisonment system of extraterritorial and related penalty concepts in China,in order to deeply understand the life imprisonment system in China from multiple perspectives.The second part is the predicament of the life imprisonment system of bribery crime in our country.This part mainly starts with the existing legislative provisions and the existing cases in practice to analyze the defects of the life imprisonment system of bribery crime in China.Generally speaking,there are four problems in our country's life imprisonment system of bribery and corruption crime: first,the way of decision is unreasonable;second,the tendency of retribution is strong;third,the applicable conditions are vague;fourth,the individualization of execution is neglected.The third part is the reference of the extraterritorial life imprisonment system.This part mainly introduces the historical evolution and legislative characteristics of extraterritorial life imprisonment system.First,in terms of historical evolution,the system of extraterritorial life imprisonment has evolved from free punishment,and with the abolition of death penalty,it has gradually become the preferred alternative to death penalty in foreign countries;secondly,in terms of legislative characteristics,the system of extraterritorial life imprisonment has a variety of types,mostly applicable to serious violent crimes,there are prohibited subjects,and generally for life imprisonment.The system prescribes relief mechanism.The fourth part is the improvement of the life imprisonment system of bribery crime in China.In this part,aiming at the predicament of the life imprisonment system in the second part,combining with our country's penalty system and effective experience abroad,the author puts forward corresponding improvement paths.The main suggestions include: incorporating the life imprisonment system,strictly restricting the application,refining the applicable standards,mitigating rigid provisions,and improving prison management.