The Control On The Death Penalty In Economic Crimes In China

Economic crimes disturb the economic order and the economic base of society. So it is a keynote object cracked down by many countries. In recent yeas, with the transformation from the planned commodity economy to the market economy with Chinese characteristic of our country, economic crimes become more and more serious. The strike to it become more serious even death penalty. As a country resorting death penalty to economic crimes, we should think over the rationality of it.This thesis studies the subject with four chapters and a preface. The preface subtracts the theme of this thesis. The first chapter gives the concept and character and reason for economic crimes. Then the thesis studies the legislation process and the foreign legislation about economic crimes.The second chapter talks over how erect the idea of controlling death penalty on economic crimes. Studying from the three angles of view: the aim of retribution of crime penalty; the aim on anticrime; the aim of the social morality. The thesis analyses the death penalty value on the effectiveness, fairness and humanity of death penalty. Under the view of national conditions, we may find that the material and spiritual factor and the social administration system are still not fit.The third chapter talks about how to control the death penalty on crimes. The major measures included the following. One measure is defining the conception of what is the crime is serious. The second measure is restricting the object to apply death penalty. We should be guarding under the modern jurisdiction idea and use the optional justice correctly, charge the standard of death penalty on economic crimes strictly. We will realize the aim on reducing the quantity on adopt the death penalty.In the fourth chapter, the thesis discusses the policy on how to take precautions on economic crimes. We should change our criminal policy on the economic crimes. As well as we should strength our jurisdiction system and administration on economy, in addition, we may improve the criminal structure on economic crimes. The criminal law should prolong the term of imprisonment and reduce the adoption on conditional release.