Theory Of The Legitimacy Of The Death Penalty For Corruption And Bribery

Corruption and bribery was an ancient crime which had always been cracked down by the rulers. After the founding of new China, Party and the country had been implementing to fight against criminal policy of corruption and bribery. But whether apply the death penalty for the corruption crime, there had been a widespread controversy.According to the classification of crime, corruption and bribery should be non-violent economic crime had a clear mercenary as well as the characteristic of dereliction of duty. February 25, 2011, the NPC Standing Committee voted through the Criminal Law Amendment (h), abolished the thirteen death penalties of non-violent economic crimes. Once the amendment had passed, academic and the folk immediately raised a new round of controversy whether corruption and bribery was proper for the death penalty.Abolitionists argued that corruption and bribery was a crime of greedy nature which should not be deserved to die and death penalty had no effective deterrent that would be a violation of human rights; existence theory argued that corruption and bribery was related to clean national politics, stable development of society and the public did not favor abolishing the death penalty which would be better to protect their human rights.We knew that the main crime of corruption were public servants which is different from the subject of thirteen non-violent economic crimes that were abolished by this amendment. Based on the subject's particularity of corruption and bribery, it led to the particularity of abusing object and the severity of social harm. Bribery and corruption was not only against the duty integrity of public servants but also against the public and private property ownership. It could be argued that corruption and bribery was a large moth in the building of national rule that undermined the social atmosphere, corroded the original clean political of national public officials, undermined the image of government workers and seriously harmed the party's base and position.Based on the analysis of abolishing and existing views, this paper would study the differences on the relevant non-violent economic crime of this amendment in the form of crime and social harm, combine with unique social conditions and social values in the period of social transition in China today and demonstrate from the perspective of criminal law why bribery and corruption were still needed to apply death penalty.The author believed that despite both sides had their reasons, simply discussed whether we should abolish the death penalty from the perspective of social ethics, the height of legal theory and the angle of protection of human rights, the answer probably was biased. The death penalty was the result of a state's basic political system, public values and historical tradition. Whether to exist and abolish the death penalty were bound to consider whether the current social conditions could afford, the same token, whether the crime of corruption should be abolished to die was determined by the country's basic conditions. At present, the phenomenon of Chinese corruption was also widespread and continued to worsen which was hated deeply by the people for bribery and corruption. If not severely punished corruption and bribery, it would endanger the political stability and social unrest. So, now China should not abolish the death penalty of corruption.In summary, despite the corruption and bribery and thirteen non-violent economic crimes abolished by this amendment had many same places, but there were more special places, that was, the amendment (h) abolishing thirteen death penalties of non-violent economic crimes was justified and reasonable and retaining corruption and bribery was also justified and reasonable.