On Legitimacy And Reconstruction Of The System Of Free Death Of Corrupt Officials

In Chinese history, almost every code of dynasties had severe punishment to dispose of corrupt officials. This slaughter culture in administration has become an intrinsic part in the mind of our citizens. However, modern law has the quality of ration. Being no longer proud of displaying violence, it needs to display the excuse through giving reasons. On one hand, it should embody the respect of public opinions; on the other hand, it should remove the narrow range of opinions. The idea of free death of corrupt officials has become the focus of pubic interest and aroused much controversy.The main body of this article can be divided into four parts. At first, it will analyze the negative inspiration of stop corruption through slaughter in history. Then, it will list rules of corruption in the laws of China today, theoretically argue over the legitimacy of the system of free death of corrupt officials and give some suggestions on construction of the system of free death of corrupt officials.In the first part, the author gives an overview of stop corruption through slaughter in Chinese history. This law has been given the most extreme manifestation in the example of One Coin to Death in the Song Dynasty. Then, the author analyzes the negative inspirations through three aspects, namely the disregard of self-interest, the state system of ruling the world and deficiency of power restriction.In the second part, the author lists rules of corruption in the laws of China today. He first introduces the evolution of the system of death penalty on corruption in modern laws and regulations, analyzes the existing problems of modern criminal law on corruption. Then he probes into the resource of death penalty in modern criminal law, namely justify through the traditional severe sentences, deficiency of system and inappropriate catering to the public hate of the corrupt officials.In the third part, the author gives theoretical argument over the legitimacy of the system of free death of corrupt officials through two aspects, namely retributivism and balance between crime and punishment, utilitarianism and threat value, for the reality of China.In the forth part, on the basis of the previous study, the author gives some suggestions on the construction of the system of free death of corrupt officials, namely construction of a just and integral repressive system, reinforce the supervision of power, search for a fundamental way to curb corruption, correct guide of public opinions, and formation of a general public identify mechanism to free death of corrupt officials.