The Abolition Of The Death Penalty On The Crimes Of Corruption And Bribery

As the development of the consciousness of human rights, the right to life, as the basic content of human rights, has been paid more and more attention by people, and it is an inevitable trend of history that the death penalty is suspected, which deprive one's right to life. With the progress of times, the legitimacy and humanity of the death penalty have been accused strongly. The legislation on the death penalty of the crimes of corruption and bribery also has been suspected from different degrees. As a property crime, the emergence and development of the crimes of corruption and bribery have all sorts of subjective and objective reasons, such as political, economic, legal system and the weakness of human nature itself, etc. Relying solely on the severe laws and even the death penalty, we can't suppress effectively the occurrence of the crimes of corruption and bribery. Applying the death penalty to the crimes of corruption and bribery, which belong to the nonviolent crime or property crimes, is actually equaled the value of legal murder with the illegally profit-making, but neither these kinds of evils have equivalence, nor amount. It destroys the basic balance of crime and punishment that to punish the nonviolent crime by the deprivation of one's right to life. If the country or society attempts to suppress the occurrence of the crimes of corruption and bribery by means of the deterrent effect of the death penalty, it can't change the asymmetry in fact and the legitimacy in theory between the death penalty and nonviolent crime at all, on the contrary, it proves the country or society's deficiency of sense and ability to face the crimes of corruption and bribery.On February 25, 2011, the 11th National People's Congress standing committee session 19 passed the criminal law amendment (8). As one of the key task, the amendment cancelled 13 death penalties about nonviolent crime which are idle in recent years and account for 19.1% of the nonviolent crime death penalty. According to the mainstream, the cut of number of the death penalties may become the start of repeal of the death penalty. Unfortunately, the death penalty of crimes of corruption and bribery has not been abolished, which also belong to nonviolent crimes. At present, most countries in the world have abolished the death penalty of crimes of nonviolent economic crime, however, the legislation of our country don't accord with the international trend, but kept the death penalty of the crimes of corruption and bribery, which caused the people's attention.Today, there were 100 countries around the world having abolished the death penalty, and more and more countries shall abolish the death penalty. Even in the countries which keep the death penalty, the leading position of death penalty has been replaced by freedom penalty, and generally become a punishment only applying to extremely serious criminal; The actual number of the cases is less and less in the countries which keep the death penalty. The fact shows that the death penalty will eventually ruin and this is the necessity of historical trend. As the development of political civilization, material civilization and spiritual civilization in China, the death penalty of the crimes of corruption and bribery will inevitably die out. No matter from its justification or the applicable effect, or from the trend of international development, there is no reason for setting the death penalty for the crimes of corruption and bribery. The present situation of crimes of corruption and bribery in death penalty legislative, judicial is worrying. The author wants to point out the problems in legislative and judicial of the crimes of corruption and bribery and states the points about abolishing the death penalty. In the article, the author analyzes the shortcomings of the death penalty of the corruption and bribery from the relationship between punishment, the prevention of crime, the development trend and the international anti-corruption, etc. This article demonstrates the abolishment of the death penalty focusing on theory, so as to support the theme in theory. The author tries to analysis based on the existing theories and provides evidence of abolishment of death penalty of corruption and bribery.