The Research Of Life Imprisonment System In China

Life imprisonment is developed from free punishment and is a more severe form of punishment.The Italian jurist Beccaillas in "On Crime and Punishment" advocated the use of life hard labour instead of the death penalty,after the continuous development of the system,most countries in the world have established life imprisonment system.In our country,life imprisonment is an import to learn from abroad.With the trend of abolishing the death penalty in most countries in the world and the awakening of human rights consciousness,under the background of the reform of the death penalty and the fight against corruption in our country,the system of life imprisonment has been established for the first time in the crime of corruption and bribery in Article 44 of the Criminal Law Amendment(9).Addition of this system It is a great breakthrough and innovation in the history of criminal law in our country,which not only severely crack down on the criminals of corruption and bribery,but also make up for the deficiency of some sentences in the penalty system of our country,which are too light and too heavy.At present,there are not many judicial cases to apply the life imprisonment system in our country,at the same time,there will be some problems and disputes in the process of application.As a new system,the implementation of life imprisonment system has aroused the attention and discussion of all walks of life.The current system of life imprisonment in China in the legal nature,scope of application,applicable standards,retroactive force and major meritorious service There are still some deficiencies in the surface,which need to be further improved.This paper is divided into four parts:The first chapter mainly introduces the summary of life imprisonment system.First,the concept of life imprisonment system is expounded,and then compared with life imprisonment and death penalty in our criminal law.Then the types of life imprisonment are summarized.Finally,it analyzes the legislative value of the life imprisonment system and clarifies the significance and necessity of establishing life imprisonment.The second chapter mainly introduces the problems existing in the legislation and judicial application of life imprisonment system in China.First of all,the legislative provisions of life imprisonment in China are expounded,and the legal nature of life imprisonment system is analyzed through different theories.And then apply life to corruption and bribery crime from our country Based on the case of imprisonment,this paper analyzes the disputes existing in the judicial application oflife imprisonment in retroactive effect and major meritorious service,as well as the problems in the scope of application and the applicable standard.The third chapter is the investigation and reference of the extraterritorial life imprisonment system.This paper mainly introduces the relevant provisions of life imprisonment system in civil law system and common law system countries,analyzes the deficiency of life imprisonment in our country and its enlightenment to our country through the comparison of extraterritorial and life imprisonment in our country.The fourth chapter mainly introduces the perfect suggestion of life imprisonment system in our country.According to the actual situation of our country,this paper puts forward some reasonable suggestions,and advocates that life imprisonment should be established as an independent kind of punishment,and appropriately expanded the scope of application of large life sentences,clear criteria for their application and the introduction of opportunities for the commission of significant meritorious service for life sentences.