Study On The Perfection Of Lifelong Imprisonment System In China

With the continuous development of China's political economy,the reform of death penalty has become an inevitable choice in the future.Under the background of the death penalty reform,although the crime of corruption and bribery has its own social harmfulness,it does not belong to the crime of serious personal injury and violence.Some especially serious cases of corruption and bribery should not be sentenced to death.In 2015,China passed the Amendment to the Criminal Law(9),which made some amendments and improvements to the Criminal Law of our country.At the same time,it established the life imprisonment of our country,and stipulated that this penalty only applies to corruption and bribery crimes.The establishment of life imprisonment system is a major breakthrough in opening up special types of punishment in China,a milestone in innovating the reform of criminal law system,and is conducive to promoting the improvement of criminal law system and penalty structure in China.Such provisions can not only make criminals pay a heavy price for their crimes,but also reflect our respect for human rights.Therefore,for the establishment of life imprisonment,whether from a realistic point of view or from a long-term point of view,we should affirm the legitimacy of its establishment.This paper elaborates on the connotation of life imprisonment system in China,and puts forward some targeted measures in view of the shortcomings of life imprisonment system in China.The paper includes five parts.The first part,through the analysis of the research background and significance,determines the necessity of the study of the life imprisonment system in China,and combines the research status at home and abroad,obtains the in-depth analysis and different views of different scholars on the life imprisonment system in China,at the same time clarifies the research ideas and methods of this paper,and explores the innovation of the life imprisonment system in China.The second part mainly includes the overall overview of the life imprisonment system in China.Through the definition of life imprisonment,the specific connotation of life imprisonment is clarified.By comparing with other penalties,some characteristics of lifeimprisonment in China are summarized,so as to have a more comprehensive understanding of life imprisonment system in China.And analysis of different scholars for its nature of the elaboration,life imprisonment system in China to make a more in-depth analysis.At the same time,from the theoretical and practical level,the establishment of life imprisonment system in China meets the development requirements of our country.The third part mainly includes some problems existing in the system of life imprisonment in China.From the legislative level and judicial level,combined with the actual situation,this paper concretely analyses some shortcomings of life imprisonment.From the legislative level,it mainly includes the narrow charges applicable to life imprisonment in our country,the insufficiency of the current applicable standards and the excessive decision-making power given to judges;from the judicial level,it mainly includes the excessive life imprisonment penalty prescribed by our country,the lack of corresponding corrective outlets,the increase of management pressure of prisons in our country and the execution cost of prisons excessive situation.The fourth part mainly includes the provisions outside the territory and the enlightenment.This paper comprehensively introduces the relevant provisions of life imprisonment penalty in different foreign countries,and through the comparison of life imprisonment between foreign countries and our country,draws a lot of differences between our country and foreign countries.Finally,through the analysis of these differences,combined with the problems of life imprisonment system in our country,we can draw lessons from the extraterritorial life imprisonment.The fifth part mainly includes some legislative and judicial suggestions on the system of life imprisonment in China.In view of some specific shortcomings of the life imprisonment system in China,based on the analysis and comparison of some foreign provisions,this paper puts forward some measures to improve the system from different angles of legislation and judicature,which are in line with the actual situation of our country.