Rational Thought On The Abolition And Reduction Of Death Penalty For Bribe And Corruption In China

With more and more importance attached to aspiration to civilization and respect for human rights, the abolition and reduction of death penalty has become a worldwide focus nowadays. Since many terrorism affairs happened throughout the world such as "9.11" in the U.S and "11.9" in Jordan, many people have doubted the feasibility to abolish and reduce death penalty for violence. But there are still different opinions about death penalty for nonviolent crime concerning economy, bribe and corruption in particular. In China, some scholars, officials and representatives of CPC advocate that the death penalty for bribe and corruption should also be abolished. For a rational conclusion, this thesis challenges their points. On one hand, from academic angle, analyzing some basic juristic concepts such as law, crime, human rights, penalty and so on, the thesis puts forward that bribe and corruption should be punished inevitably because it violate the people's legal interests greatly. We should judge crime or innocence and its corresponding penalty by it harmfulness to our society, but not by whether it's violent or it has endangered the economy. Meanwhile, human rights can't be separated from reality and can be too extreme. The degree of deprivation and confinement of criminal's human rights is decided by the danger degree of the crime. So the thesis concludes that it's reasonable to reserve death penalty and virtually it doesn't contradict with respect of human rights. On the other hand, from the practical angle, relating to the real situation in China, the thesis draws the conclusion that China shouldn't and couldn't abolish and reduce the death penalty. The author hold a negative attitude to some mainstream points such as "death penalty has no use", "it violates human rights" and "for national benefits". It expounds that bribe and corruption has endangered our society seriously. Furthermore, relating to the developing point of the party in power and the successful experience in some countries in North Europe, to perfect the policy for China, the author advocates two principles, that is, "not abolish and reduce the death penalty but use it cautiously" and "not abolish and reduce the death penalty until conditions permit".