The Theory On The Extinction Of The Death Penalty In Corruption And Bribery Crimes

It has been already an international trend for the abolition of the death penalty.With the continuous deepening of China’s reform and opening up, China’s politicaldecision-makers and most people have accepted gradually the idea of abolishing thedeath penalty in the persistent efforts of the scholars of the abolitionist. At present, itis an academic consensus that the death penalty of non-violent and avariciouscriminals which is one of criminals still reserved the death penalty charges is shouldbe abolished. Eighth Amendment of the Penal Code has canceled the death penalty ofthe13kinds of non-violent economic criminals, which reflects the recognition ofChina’s political decision-makers on the gradual abolition of the death penalty. In thediscussions about the extinction of death penalty, the corruption and bribery crimes isone of the most controversial crimes in all non-violent economic criminals, becausethe retention of its death penalty has a special political significance and social effects.Therefore it will be a decisive significance to abolish completely the death penalty inChina if the extinction of death penalty in the corruption and bribery crimes could bein at the forefront in the journey of the extinction of death penalty.Now in theory，thinking about the legitimacy of the death penalty of thecorruption crimes is mostly limited to general speculation in the jurisprudence orethics, and less from the core issue in-depth questioning that why corruption crimeshould not be sentenced to the death penalty. Most of the Scholars focus on theviewpoint on the extinction of death penalty in the corruption and bribery crimes interms of should however, but some hold opposite views in terms of solid however.This paper has made a comprehensive analysis on the incompatibility of the deathpenalty and corruption crimes’ social harm, the matching ability of the death penaltyand corruption crimes’ causes, the defects of death penalty on corruption crimes, andthe illusive study of public opinions that firmly opposed to the abolition of the death penalty. All the analysis above improves that fighting against corruption and crimesby using the death penalty is an irrational choice which is lack of factual basis inanti-crime strategy in order to demonstrate the deserving, necessity and feasibility ofthe death penalty on corruption crimes.The death penalty as a penalty method is bound to meet the legitimacy of thepenalty, the purpose of the penalty and the function of the penalty. Corruption-relatedcrime is one kind of money-lured crimes which do not violate human life and thebody. Because the legal interests invaded by corruption crime is the property of thestate and integrity of duties, so the value invaded is obviously lower than the value ofhuman life. Punishment with life penalty fighting against corruption and briberyprisoners obviously could not achieve the balance of crime and punishment, becauseit could not meet the fairness of the punishment configuration, and deviates from thevalue and purpose of the penalty.We have already bid farewell to the era ruled by man of maintaining officials’purity, honesty and social peace that relied on officers’ self-discipline and moralsenses. Furthermore, we are moving towards civilized democratic society that relieson rule of law and restricts human behaviors by regulations. For the supervision ofthe authority， the legal system is more reliable and more effective than theconsciousness of power. Corruption phenomenon is the result of multiple factors ofpersonal psychological, economic system, political system, and legal loopholes, alsois the reflection of the negative effects of a system. Therefore, expecting corruptioncommitted individuals rescuing systemic evil by the death penalty means that wedemand they undertake the sins of the system itself except for the punishment of theirown evil. If that it is difficult to say the penalty is unjust. Public opinion must be atopic of discussion when we study the abolition of the death penalty issue. This paperis different from the other articles for the point of view about impact of publicopinion on the death penalty. Because public opinion has the characteristics ofcasualness, illusoriness and variability, it is not an obstacle to abolish the deathpenalty. The real reason to retain the death penalty is a political need.The abolition ofthe death penalty system will ultimately only depend on political choices rather thanpublic opinion. Public opinion has never been and can not play a decisive role in it. The abolition of capital punishment can not be achieved overnight. Therefore, it isrecommended to reform the current penal system through setting of life imprisonmentand reform of the configuration of imprisonment period and the amount of crime andexecution outside prison to maintain the dignity and strength of the free sentence,which make penalty more just and be recognized by the public.