The Study On The Extinction Of The Death Penalty In Corruption And Bribery Crimes

The abolishment of the death penalty has been a world wide tendency. More and more countries choose to abolish the death penalty. But in our country, there are still lots of death penalties in the economic crimes. Considering the aim of establishing a country under the rule of law, it is really a shame. The abolishment of the death penalty in the corruption and bribery crimes is a controversial problem in China. This paper tries to talk about this problem from the aspects as follow.Chapter one is the introduction of this article. In this part the author introduced the extradition problems that we faced. These problem s draw forth the extinction of death penalty in the corruption and bribery crimes.Chapter two introduced some theories about the corruption and bribery crimes. The author described the definition of the corruption and bribery, and the articles in the criminal law. Then the author analyzed some defects of these articles:First, our criminal law adopted the principal of count bribe for conviction. Second, these articles suggested the heavy penalty. Third, the penalty-making is arbitrarily.Chapter three talked about the unreasonable of the death penalty in the corruption and bribery crimes. At first, the author introduced the basis and the principal of penalty-making. Then the author raised that the death penalty existed in the corruption and bribery crimes in our country, and the reason of this situation. Finally the author analyzed the seriousness of the corruption and bribery crimes. In this section, we could find that the corruption and bribery crimes are not the most serious crimes. The existence of death penalty in the corruption and bribery crimes has violated the principal of suiting punishment to crime. It is unreasonable and inhuman to use death penalty in these crimes.Chapter four talked about the feasibility of the death penalty's abolishment in the corruption and bribery crimes. First, the public opinion couldn't hold back the extinction of the death penalty in the corruption and bribery crimes. Second, the conflict between the formal rank and the essential rank of the crime seriousness could be mediated. Third, the abolishment of the death penalty would not increase the penalty cost. Fourth, the abolishment of death penalty in the corruption and bribery crimes is feasibility on the comparative law. Fifth, the improvement of the political system and the anti-corruption legislation provided the legal and system guarantee for the abolishment.Chapter five raised the specific paths to the extinction of the death penalty in the corruption and bribery crimes. The author thought that in order to reduce resistance, we should make a good effort as follows:First, we should put the life on the first place and set up the view of human rights first. Second, we should completely implement the principal of a legally prescribed punishment for a specified crime. Third, we should improve the penalty system in the criminal law. Fourth, we should introduce the advanced experience from the foreign countries and perfect the anti-corruption system. Last, we also need the determination and courage to carry through the abolishment.In the chapter six, the author draw the conclusion:The abolishment of the death penalty in the corruption and bribery crimes is the requirement to a civilized state. The corruption and bribery crimes are not the most serious crimes and the death penalty can't prevent crimes effectively.So it is unreasonable to set up the death penalty in the corruption and bribery crimes. Now it is feasible for us to abolish the death penalty in the corruption and bribery crimes, and the author also raised the specific method to the abolishment. So it is time for us to take an action.