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On Abolition Of Death Penalty Of Corruption Crimes In China

Posted on:2006-12-25Degree:MasterType:Thesis
Country:ChinaCandidate:R N LiFull Text:PDF
GTID:2166360155961960Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
As the most severe criminal penalty among the system of punishment, capital punishment, is the principal sentence he ahead the list of thousands of years of human being's penalty history.From the time 1764, the Italia criminal jurist Becaria put forward the idea abolish capital punishment for the fist time in his becoming famous book "talking about crimping and penalty", a world wide more than 200 years debts. On maintenance or revocation of death penalty has existed. In China, maintenance or revocation of death penalty, can't break away from China reality, In view of a large amount of extremely serious crime still exist at the present stage of our country. I do not maintain blindly that China abolish all death penalty application. However, to me Whether some specific clause which include death penalty application is according with the basis of rational, whether could reach the desired greatest deterrent force and generally prevention effect, have much leeway to query. In resent years, the rate of our countries' bribery and corruption crimes remain high, and on the rise. Obliviously, capital punishment is neither provide a perment care to bribery and corruption crimes nor can solve the basic problems. It is difficult to achieve the goal of checking corrupt crime.Thus, the author thinks the feasibility of abolish death penalty suitably of our countries' bribery and corruption crime is not a kind of illusion, but the course that deveps feasibly into reality though and chance and I talk on the adoration of abolish death penalty application should not only stay at the academic view, but reach the crucial moment of legislative choice, Our country should break through to since extent on the criminal legislation and criminal policy.This thesis study from the legislative evolution of our countries' death penalty application and the criminal punishment of bribery and corruption that our country's Taiwan, think that the application of death penalty of our country's bribery and corruption crime violate the principle of suiting punishment to crime, principle of equity have a deterrent effect to corruption, it is difficult to achieve the aim of criminal punishment totally not accord with the voice of the people of our country and legislative trend of death penalty development of international community. It is a request based on China's current death policy to abolish death penalty application, the ear of protecting human rights the base of allow capital punishment "equitably" and on the base of ensuring international criminal judicial cooperation, and put forward the method of abolish the capital punishment suability, which should be break though...
Keywords/Search Tags:Corrupt the crime of bribery, Death penalty, Abrogate
PDF Full Text Request
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