| Life imprisonment is first stipulated in our newly revised criminal law amendment(nine),and its application object is corruption and bribery crime.Life imprisonment is a vocabulary translated directly by Chinese scholars.Compared with foreign life imprisonment,there are many special points in our country’s life imprisonment.For example,the life imprisonment of our country is only stipulated in the sub clause,only be applied to the crime of corruption and the crime of accepting bribes,but not as an independent punishment.Besides,our life imprisonment is a lifelong deprivation of the personal freedom of the offender.The offender can not reduce his sentence or parole during his sentence.In fact,after the announcement of the amendment of criminal law(nine),there has been controversy about the abolition of life imprisonment in criminal law academia.Most of the scholars hold affirmative opinions on life imprisonment as an alternative measure of death penalty.Most of the opposing scholars argue that they are cruel in their life imprisonment.Is it necessary to stipulate the system of life imprisonment in China’s legislation? At the same time,it is only applicable to a crime in the provisions of the criminal law.Is it reasonable? In addition,in the application of life imprisonment,it is necessary to discuss whether it is necessary to refine the applicable object in the entity,and whether it can be appliedto the prisoners.Finally,it is urgent to introduce the procedure of life imprisonment review or how to improve the original sentencing procedure.The purpose of this study is to try to clarify the above problems,and to put forward some thoughts and suggestions on it,in order to provide some reference for the relevant legislative research.The view of this paper is that our country should retain life imprisonment and expand its scope appropriately.But it seems inappropriate to apply life imprisonment for corruption and bribery crime only.It should be limited to the application of life imprisonment for corruption and bribery crimes.In addition,we should further improve the life imprisonment of our country from the substantive and procedural aspects.The article is divided into three chapters:The first chapter introduces the concept of life imprisonment and the background of life imprisonment in China.Next,it expounds the current legislation status of life imprisonment in China,and analyzes the characteristics and specific application conditions of life imprisonment in China.The second chapter first lists the disputes about the appropriateness of life imprisonment legislation in the criminal jurisprudence of our country,and then clarifies my own position that the provisions of life imprisonment in our country are reasonable and should be retained,but at the same time,it shows that the life imprisonment that is only applicable to the crime of corruption and corruption is true that the life imprisonment of the crime of corruption and parole does not exist.Where is the place.Therefore,we should improve the life imprisonment of our country.After that,the author discusses the reasons that life imprisonment should be retained from three angles,namely,the practical application of the death penalty,the protection of human rights,and the reduction of the "false misjudged case".Finally,from the three points of view,such as the application of the principle of balance of life imprisonment against the balance of crime,the purpose of the penalty and the prevention,the aggravation of the burden of the prison,the unreasonable points of the existence of life imprisonment in our country are demonstrated.The third chapter is the preliminary exploration of perfecting the legislation of life imprisonment in China.First,it begins with the relevant provisions of life imprisonment abroad,and makes specific comments on it.Then,on the basis of learning from foreign legislation,we propose to improve our life imprisonment in two aspects: substantive legislation and procedural legislation.On the level of substantive legislation,it is suggested that life imprisonment should be included as the general rule in the future,and the subject of life imprisonment can not be applied,the applicable charges for life imprisonment and the provision of vital meritorious service for life imprisonment are adjusted.At the level of procedural legislation,it is suggested that the procedures for the review of life imprisonment and the establishment of supporting implementation procedures,such as the implementation of the social reporting system,the establishment of a special executive organ,a supporting visitation system,and the introduction of a pardon system,are proposed to further improve the relevant procedural provisions of life imprisonment. |
