The Research On The Abolition Death Penalty For Crime Of Bribery In China

The bribery crime is a typical crime by taking advantage of duty, as a major formof corruption, it brings serious damage to the honesty of public service personnel. Fortaking bribes and political climate, the government majesty, people are so closelyrelated. So we should think how to set up as punishment system, fighting takingbribes and will eliminate to the minimum, since the criminal policy research shouldbe one of the core problems. The countries and areas of the world to bribery crimeand punishment are also hit very firmly.Corruption is a general topic that the countries and areas have to face. It needsInternational cooperation and a perfect power distribution system and relatedsupporting measures. No fish can survive if the water is too clean. For the samereason, no company can bear one whose requirements are too critical. However, itdoes not mean that you can skip the range. With the development of the economicand the increasingly change of the social environment, however, the number of thebribery crime is also rising. And emerging, big case helps them solve serious, forexample the Supreme Court former vice President Huang Songyou have judged, wascharged with corruption5.1million in2010, sentenced to life imprisonment, deprivedof political rights for life, confiscated all personal property. Wen Qiang for takingbribes, shield connived at five the underworld property organization,10.44millionhuge property’s unclear source, rape, several crimes, was sentenced to death anddeprived of political rights for life, and confiscated all personal property In May2010.China football’s big shock-the football association and the former vice chairman XieYalong foot tube, director of the center of the local organizing the case will gothrough judicial procedures in April2012.According to the criminal law in China, if you take bribes, you may be sentenced to death. From this angle, for taking bribes in the punishment of the regulations arestrict and hitting determined firmly, the strength of the punishment is strong. But itfailed to curb bribery crime and the article, the rise of the failed to effectively preventcrime subject of the crime of footsteps, also cannot reduce the incidence of bribespresented to rise to social and national bad influence. Why do offenses happen? Ifpeople can’t get profit from the crime, there is none wants to broken the criminal law.Therefore, in order to reap benefit is the motivation of crime. And because it causesdamages, punishment is effective."This means that, in the core of the pain in thepunishment of the actual feeling" is not painful, but pain, unhappy, don’t make theidea that the’ pain ’idea of pain." Punishment abuse should be avoided. More exactly,in the body is the use of punishment, the flesh is not the most pain but a kind ofobject representation of the object.We can’t help questioning that set death penalty for taking bribes as the highestpunishment under current situation in China, is it still necessary? Whether thisexistence rationality and legitimacy? Does it really comply with legal punishment ofthis basic principle? The death penalty is the highest in the system of punishment andit’s the last choice. Because the death penalty is the most severe punishment. It woulddeprive offenders life, from the flesh of completely destroyed. At present, takingbribes punishment configuration from corruption in China. However, countries evenif do not to abolish the death penalty but also do not set the death penalty for takingbribes, for example, the United States, Singapore, Taiwan and so on. Exactlyspeaking, the countries and areas of the world set taking bribes the punishmenttypically included freedom penalty, property punishment and qualification ofpunishment. But only a few countries such as China and the former Soviet Union setlife sentence, for crime of bribery life right is the first human right. And it’s necessarythat set the death penalty for bribery crime, because avoid bribery crime as long asdeprived of his crime ability is enough and it’s over to deprive life. Death penalty forbribery crime has no worth to exist, and the details are discussed in the text.At the same time, with the development of economic globalization, violent crime alsogradually increasing needs to each country and the area of the mutual cooperation.However, since according to the criminal law bribery can is a capital offence, it’s not helpful for both bring suspects that on the run to justice or close file. I believe that itneedn’t for the death penalty for bribery crime. This paper write from the angle of thepenalty goal theory analysis, about taking bribes to elaborate the legal punishment ofdeath penalty set to fight corruption and crime without effective value, to punish thecriminals bribes and do not use the death penalty the harsh punishment, the Chinesebribes crime, and improved the sin as this, the effective punishment system isestablished, the protection of human rights in China has a certain promote role. Dueto bribery for criminals, the key is to enter the possibility of judicial the size, but notto face many years of imprisonment or whether it will be sentenced to death. In ourcountry’s taking bribes criminal fluky psychology are notable.