The Penalty System Reconfiguration Of Abrogation Of Death Penalty

Death penalty, as one kind of punishments to resolve committing a crime, is the most age-old and the severest penalty punishment means. Since 18 centuries when Cesare Bonesana Beccaria pointed out the stance that death penalty should be abrogated, the death penalty has being continuously queried and condemned. In the present community legal culture ruling by law has being more and more developed and flourished, the cry that the death penalty should be abrogated is rising one after another. Annulling or limiting the use of death penalty has been becoming a world-wide development tendency increasingly. As one of the great state nations that continue to have the death penalty, China has also received queries and challenge from every respect. Although through the overview of our country's present condition, abrogating the death penalty completely is not possible, it is fated that the death penalty should be limited and be gradually abrogated. At the moment our country theory circle is universally think that the death penalty ought to be rigorously enforced and only be used to punish grave force crimes and non-force crimes of which its object value is appropriately equal to the existence right. It is not completely united that how to place restrictions on the death penalty and abrogate it gradually. But it is the common understanding that to limit and abrogate the death penalty should put the hands to non-force crime first. As a result the criminal legislate of non- force was subjected to receive high concern from theory circle and be highly valued. Many learned man expounded how to limit and abrogate the death penalty of non- force crimes gradually from different aspects. Although many learned man have wholly talked about limiting and abrogating the death penalty of non- force crimes gradually, yet they were not aimed at the expounding of some either some kinds of crime penalty systems comprehensively. Is what type of penalty applicable and advisable to the non-force crime? The writer wishes the reconfiguration on the penalty system of economical crimes and embezzlement crimes become some useful exploration of this problem.Basing on economical crimes and embezzlement crimes, the writer reconfigures the penalty system of economical crimes and embezzlement crimes after analyzing present legislate and its fault. First of all, the writer defines economical crimes and embezzlement crimes and makes it clear that the definition of economical crimes and embezzlement crimes is narrow sense. The writer analyzes the present legislate and faults of economical crime and embezzlement crimes criminal system, compares the legislate of economical crimes and embezzlement crimes in well-developed countries, and propose some constructive ideas of the reconfiguration on the penalty system of economical crimes and embezzlement crimes basing on our country's present condition, concluding the substitution system of the death penalty , the reformation of fixed-term imprisonment, the reformation of the qualification penalty and the improving and enlargement of the forfeit corporal punishment.In China, which possess so age-old traditional history culture precipitation and is in community mould revolving stage, although the corrupt practice that the death sentence possess which can not be overcome, obviously it has its deterrable force which can not be looked down upon. So no matter legislate persons or judicature persons are cautious to this problem. So abrogating death sentence can not be accomplishing in an action. It has to go through a long history particular period, after the unremitting effort of a lot of man. From limiting death sentence to abrogating death sentence gradually, till that the community condition and the legal culture ruling by law are wholly accorded with the environment that the death sentence was abrogated, abrogating the death sentence completely can be achieved probably. Hence the writer's reconfiguration on the penalty system of economical crimes and embezzlement crimes is merely theory tentative ideas. As to the rightful quality problem of death penalty, wishing that it can be scrutinized comprehensively in practice and resolved gradually.