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On The Death Penalty Of Economic Crime

Posted on:2008-05-26Degree:MasterType:Thesis
Country:ChinaCandidate:Y M HeFull Text:PDF
GTID:2166360215457380Subject:Law
Abstract/Summary:PDF Full Text Request
In our country, economic crimes have been punished severely. Our country rules death penalty to the economic crime although most nations in the world had disposed it. The death penalty is the most serious penalty and is an extremely important part of criminal law. Because of the speciality of the death penalty, it becomes hot point to save or discard the death penalty in theory-studying and legislation and to determind the orientation of the death penalty system. It is impossible for us to exceed the politics, life, culture, legal system of the our country to talk about the save or discard of death penalty. But we can discard parts of death penalty in economic crimes first, then initiate to obsolescent death penalties for all economic crime when the condition maturity, it will certainly get the citizen's comprehension and the support.According to substance of the economy crime, the mostly economic crime obsolescent death penalty. Because the economic crimes lay hands on economic benefits by the nonviolence means what can endanger a national market economy order, violate the property of the nation and citizens in the meantime. All of these can measure by money, but the most precious is the person's life which can't be measured by money. Therefore to apply death penalty to the economy crime, just like to take the person's precious life exchange with property, so it is not proper to apply death penalty to economic crime from the legal theory or from the reasonable part.It should to distinguish the different kinds of economic crimes, most economic crimes purely obtain economic benefits with illegal method and don't endanger people's life health and national security. A little part criminal chargeses of our nation's 19 death penalties such as smuggle arms and nucleus material not only violate the benefits of the nation but also endanger public safety, then urgent the life health of the not particular person. But the produce and sale of poisonous, harmful food or false medicine which indulge people's death in pursuit of economic benefits, the rob offense as a purpose to take other's wealth which use violence to result in others severely wounded or die should be applied to death penalty. Therefore, except for these five kinds economic crimes we shouldn't apply death penalty to economy crimes.
Keywords/Search Tags:economic crime, death penalty, discard
PDF Full Text Request
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