Research On Abolishing The Death Penalty Of Taking Bribes

Along with the economic and social development in our country, all kinds of public officials corruption cases are increasingly more exposed to the public eye, including bribery, which is one of the main forms of corruption, is a kind of typical duty crime. Today the media is increasingly developed, the network anti-corruption become an important approach to expose bribery crime of state functionaries, and the media information spread rapidly and generalized, also put forward higher requirements to prevent and strike of the bribery crime. After 2005, especially in 2008 state personnel bribery case began in intensive exposure, which gradually caused extensive concern of the public. A lot of corrupt officials have been charged, which make people feel gratified. On the other hand,it makes the civil servants and even government image and credibility face an unprecedented challenge. And it brings huge negative impact to social stability and social ethos. Now the wind of the anti-corruption is prevailing,and the eighteenth national congress of the communist party of China also rose anti-corruption to new heights.However,on the other hand, under the background of the unprecedented determination and increasing strength of anti-corruption, in addition to pay attention to the perfection of legal system construction and the improvement of judicial, we should pay more attention to protect the the legal rights of the criminal suspects, making every criminal suspect can feel the impartiality of the law at the time of trial.The abolishment of death penalty has always been the disputed focus of China circles of criminal law. Bribery as a kind of duty crime, Bribery crime infringe the law benefit,which is the integrity of the country’s public servants’ duty behavior. The death penalty is more severe than the value of law benefit which they infringe for the bribery crime suspects. From this perspective, bribery crime death penalty is unfair. In addition, from the empirical analysis, Our country set the highest bribery punishment as death penalty is to reduce and prevent the happening of the bribery crime. But in fact the death penalty did not reduce the case of bribery crime. But in recent years, some senior officials involved or large bribery case always happen. We can see that bribery of the death penalty general prevention effect is not obvious.Through the analysis of taking bribes abolition of death penalty legislation present situation of our country, Comparative observation of extraterritorial legislation regulations, the author analyses academic controversy about taking bribes abolition of death penalty. The author analysis the the necessity of abolition of taking bribes to death and explore the the feasibility of abolishing bribes death. The author makes suggestion about further improve the bribery legislation,and build effective prevention and punishment of bribery crime system,and make phased improvement suggestions in order to adapt to the international trend,and promote our country anti-corruption work breakthrough.This article is divided into seven parts, about 20000 words.The first part is bribery crime case analysis. The author refer to major typical bribery crime since 2000. By analyzing the present characteristics of bribery crime in recent years, the author points out that the bribery legislation and the judicial present situation. There are important significance on solving the problem of the death penalty.The second part is comparative observation of taking bribes to death. Through the comparative analysis of our country and foreign country or region about the difference between the historical development and legal status of bribe death penalty, further defined taking bribes the death penalty has become inevitable trend. As the few country remaining bribery death penalty, we need reasonably refer to foreign advanced practice.The third part is the academic controversy about abolishing bribes death, whether abolishing bribery death penalty or not,criminal law circles hold three kinds of views:stock, abolish and restriction, the author supports the abolition of the bribery death penalty.The fourth part analyses the necessity of abolishing bribery death penalty. The author expounds the necessity of death penalty abolition of bribery from four aspects, principle of suiting punishment to crime, legal effect and social effect, the spirit of human rights, the protection of state-owned assets.The fifth part is feasibility analysis for abolishing bribery death penalty. The abolition of taking bribes the death penalty is not only necessary, but also feasible from the perspective of policy, legal and social environment combined with the internal and external environment.In the sixth part the author puts forward Suggestions for taking bribes abolition of death penalty. According to bribery legislation and the judicial present situation in our country, the death penalty abolition of taking bribes and build perfect anti-corruption mechanism need to distinguish between primary and secondary, taking bribes abolition of death penalty as the basic position, we need to improve measures by stages and with focus on the combination of legislation and justice both domestic and abroad.The seventh part is conclusion. The authors propose to adapt to the international death penalty reduction which is the inevitable trend. We need to refer to the advanced experience of foreign law, insist on taking bribes abolition of the death penalty,and the prevention and punishment of bribery crime determination, accelerate the anti-corruption mechanism effectively.