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On Purely Economic Crime The Death Penalty Applies

Posted on:2007-08-31Degree:MasterType:Thesis
Country:ChinaCandidate:H LiuFull Text:PDF
GTID:2206360185472563Subject:Law
Abstract/Summary:PDF Full Text Request
Economic crime is a comprehensive society problem,the contradiction of the economic environmental and personal moral absence , lacking of inner control system are the major causes of this new crime As well known the economic crime is very harmful to the construction of a country's economy and personnel property rightSo ,all of the country are attach importance to the economic crime.But the definition and extension of the economic crime is not very clear.But does the economic death penalty answer with humanism and international treaties about the death penalty? I think, it's an unrealistic hope to abolish the death penalty immediately in a state where the death penalty is widely applied But the starting point should be strict restrictions on the imposition of the economic death penalty. In 1764, a young Italian economist, Cesare Bonesana, the Marquis of Beccaria, wrote An Essay on Crimes and Punishments. The slim volume, almost unknown today, held ideas that were revolutionary-so radical, in fact, that Beccaria initially published An Essay without attaching his name to it Undoutedly,even a cold-blooded murderer will be deterred by the prospect of a life without freedom; the price is just too high. "There is no man who, upon the least reflection, would put in competition the total and perpetual loss of his liberty, with the greatest advantages he could possibly obtain in consequence of crime," Beccaria argued And unending incarceration, he felt, was more costly than death itself. "Perpetual slavery, then, has in it all that is necessary to deter the most hardened and determined, as much as the punishment of death. Indeed, I say it has more. There are many who can look upon death with intrepidity and firmness, some through fanaticism and others through vanity, which attends us even to the grave." I think, Firstly it's not consistent with the viewpoint of the classical retribution and utilitarianism ,and it's invalid .Secondly,Paragraph 2, Article 6 of the International Covenant on Civil and Political Rights stipulates that "in countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes...." Article 1 of the ECOSOC Safeguards guaranteeing protection of the rights of those fecing the death penalty reaffirms that "in countries which have not abolished the death penalty, capital punishment...
Keywords/Search Tags:Economic
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