| The life imprisonment system in the crime of corruption and accepting bribes was added to Article 44 of the 2015 Criminal Law Amendment(9).However,since the establishment of the system,scholars still have considerable controversy over many aspects of its legal nature and application.The provisions on life imprisonment in legislation are not sufficient to clarify its specific applicable standards.As of March 2019.the judicial cases are extremely limited,and the applicable standards are not clear.In the specific application,the judges are mainly discretionary,and the practical application and the legislative provisions are biased.In view of the above problems,the author intends to use the perspective of life imprisonment to apply,combined with the existing criminal law provisions,judicial interpretation and related cases,try to systematically analyze the problems that may arise in the process of life imprisonment,and hope that the future criminal law scholars in China The specific application of life imprisonment has certain benefits,and it is expected to provide a certain reference for the application of judicial practice.In combination with the four typical cases in which judicial imprisonment has been applied in the current judicial practice,and considering the discussion of the problems in the application of life imprisonment by Chinese criminal law scholars,the author sorts out three controversial issues that need to be clarified in the life imprisonment system.One is whether life imprisonment is retroactive,because retroactivity is about determining the scope of life imprisonment from the time dimension.The author combines the two high-level judicial interpretations and the principle of criminal law retroactivity.The rule of life imprisonment can only be traced back to the criminals who should be sentenced to death immediately before the amendment.The second is the identification of specific conditions for life imprisonment,including the object,amount and circumstances.The clarification of the applicable object is the premise of accurately applying the system of life imprisonment.This article advocates that the imposition of the death penalty in accordance with the amended criminal law is relatively heavy,but if it is a simple criminal who is relatively slow to die.In addition,for the amount and plot factors,the vague applicable standards do not have a clear guiding effect on the discretion of specific cases,and it is easy to cause the judges to have too much discretion.Therefore,the author suggests that it can be based on the provisions of judicial interpretation and based on actual conditions.The situation determines a reasonable standard for the application of life imprisonment,and further optimizes the binary recognition standard model with equal emphasis on the amount and circumstances to enhance the role of the plot in conviction and sentencing.The third is the determination of the starting point of execution during the implementation of life imprisonment and whether the major merits can be applied during the execution.At the time of specific implementation,from the death sentence to the specific implementation of life imprisonment,due to significant merits,the two cases may result in commutation and parole.Therefore,it should be clear that the execution of life imprisonment begins only when the death rate smoothly enters the life imprisonment phase.In the actual implementation stage,it is necessary to follow the rules that cannot be commuted or parole. |
