The Research Of The Duty Crime Apply To The Death Penalty

The death penalty is the most severe punishment of depriving people’s life, sincethe bekaa leah in 《crime and punishment》put forward "abolish the death penalty"then it’s abolish or exist has been the criminal law educational world’s hot spot ofthe debate. The judicial practice of the death penalty is also careful, the death penaltyreview power under unified the supreme people’s court to exercise. And the deathpenalty in the focus of the waste of economy and the violent crimes, especially in theapplicable death penalty duty crime, corruption and bribery claims shall not apply todeath. But in recent years from the relevant statistics can show that the judicialprocess control for the death penalty in the criminal policy guidance, corruption andbribery in our country in recent years a cyberworld, not only helps them solve seriousbig case, high level, and is constantly increasing involving a value judgment, thatpractice was eventually sentenced to death of corruption case is very few however.That is our country criminal law stipulated in the duty crime though bribery may besentenced to death, but in the judicial practice light punishment gradually to the actualsituation of the death penalty for less.what’s more, because of a lack of unifiedcorruption of sentencing standard, the death penalty for standard also not unified, sothat the duty crime is the death penalty for judicial practice as the debate.This article except the preface is divided into five parts，about23000words:The first part is analysis of the duty crime of the present situation of the deathpenalty.Based on2000-2010part of the corruption of the case to the death penalty forinvestigation, and analyze the ruling in sentenced to death (including Death penaltywith suspension) ruling reason, summarizes the death penalty for the characteristics ofthe case, and in recent years the judicial practice in China in dealing with corruptioncase of the criminal policy.The second part is the theory of the duty crime of the death penalty debate.Atpresent，in China the discuss of the duty crime about the death penalty have some basic points: to abolish theory, keep theory, improved theory. Through the theoreticaldebate that the present appropriate of the summary of the development of China’snational conditions of criminal policy.The third part is the duty crime death penalty immediately executed standardresearch.Through the investigation of the case of the analysis of the statistical data.There is no provision in the law summary of the case, the amount of corruption, thedecisive factor is sentenced to death; Legal heavier storyline is sentenced to death ofone of the factors considered; Whether to the interests of the state and the people inheavy losses, the social influence of the bad, great anger to death penalty have certaineffect.The fourth part is the study of the standard of Death penalty with suspension ofthe duty crime. Research from the statistical analysis has surrendered, ultimately, stepto repentance, pleaded guilty of stolen goods returned or be recovered situation issentenced to Death penalty with suspension consideration; Other discretionary canprove the criminal act is harmful to the society, personal harm small, turn over a newleaf of the plot of the possible President George w judgment was also an influence.The fifth part is the conclusion. Through the investigation and analysis found thatjudgment still exist in the defects: loss of scientific accurate statistics calculationmethod and the supported evidence, effect on society at large, social factors such asdegree of harm of anger, more general abstract, lack of scientific investigationargument. The above situation caused by one reason is the lack of unified corruptionof sentencing standard, so it need to develop and improve the corresponding criminalnorms.