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On The Death Penalty Of Economic Crimes In Contemporary China

Posted on:2008-09-28Degree:MasterType:Thesis
Country:ChinaCandidate:Y J YanFull Text:PDF
GTID:2166360242957722Subject:Law
Abstract/Summary:PDF Full Text Request
People are arguing drastically about weather the economic death penalty should be abolished in China, in fact the death penalty's being or not has been the bone of contention from 17 century, also is the eternal theme in criminal law. At present, many scholars think that if we want to abolish the death penalty, we must firstly abolish the economic death penalty. In troth, many countries have abolished the economic death penalty, but China is the country which keeps death penalty at best, of course including the economic crimes. So should China abolish the economic death penalty to accord with international trend or not? With the question, I firstly defined the economic crimes and expatiated its characteristics in my thesis. Economic crimes is a comprehensive society problem, the contradiction of the economic environmental and personal moral absence, lacking of inner control system are the major causes of this new crimes. As well known, the economic crimes are very harmful to the construction of a country's economy and personnel property right. So, all of the countries are attach importance to the economic crimes. Then I analysed the economic death penalty is not answer with humanism and international treaties about the death penalty. However, we must judge the economic death penalty should be abolished or not by the situation of a country. These countries which have abolished economic death penalty are development countries, their people claim the economic death penalty should be abolished on the basis of their rich living. In China people's living is not rich, and the far-reaching influence of heavy penalty idea,the limitation of the legal system,the severe economic crimes activities and so on, so we can't abolish the economic death penalty at present. Although I insist that we keep the economic death penalty, I don't agree that apply the death penalty optionally. China' s Criminal Law stipulates that "The death penalty should only be applied to criminals who have committed extremely serious crimes". The death penalty must be strictly applied to the economic crimes. I discussed the restriction of the economic death penalty from legislation and judicature in the thesis. Finally we believe the economic death penalty will be abolished in China, with the progress of civilization one day not today.
Keywords/Search Tags:economic crime, death penalty, restriction of death penalty, abolish
PDF Full Text Request
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