Empirical Research On The Abolition Of Death Penalty Of Bribery Crime

In the world most countries have abolished the death penalty advocate and historical trend or suspend execution, and the death penalty in Chinese criminal law,the death penalty, the death penalty judgment and execution the quantity is not open to the public, has criticized the international community.At present in our country under the condition of retaining the death penalty, the death penalty of non violent economic crimes should be abolished has been the consensus of the academic circles.Bribery crime is a typical corruption non violent crime, against the legal interests of bribery is the honesty of the national public servants position and can’t buy, for its setting death obvious is life and money are equivalent, does not conform to the value principle and balance principle of punishment, from the law the death penalty should be abolished. And the principle of modesty spirit of international humanitarian and criminal law for the existence of the death penalty and excessive application question, the abolishment of death penalty has become a worldwide trend.The abolition of the death penalty for corruption, which accords with the development trend of international of the death penalty system, also in line with the current domestic "Leniency" of the criminal policy and the "limited and gradually reduce the death penalty charges" death penalty policy. Moreover, the prohibition of corruption crime in our country, more reason is that the country’s political, economic,legal and social system is not complete, simply rely on this kind of death penalty is used to achieve the result of fighting crime and corruption are not obvious. Instead,because "death not extradite" international judicial principle, in recent years, "naked official" and "flight" corrupt officials with money and wait for a phenomenon is becoming more and more serious. In a sense, take bribes crime is necessary to abolish the death penalty.Despite all the signs that take bribes crime abolition of death penalty is a kind of inevitable trend, but because of the death penalty reserve has special politicalsignificance and social benefits, great controversy when can repeal. The current environment, public opposition to take bribes crime to the voice of abolishment of death penalty is higher, the opinion is quoted many times for the only excuse for not abolish take bribes crime death penalty in our country. Coupled with sustained high incidence of crime, whether ordinary or political decision makers are too superstitious deterrence of the death penalty, rely on the death penalty to curb crime,maintain social order. And a large number of empirical studies show that the existence of the death penalty does not lead to a drop in the crime rate, public opinion can’t decided to take bribes death penalty of sin.Improvement of the system of repeal take bribes crime death penalty is the key to: first, complete corruption prevention mechanisms, formulate special "anti corruption law", the "transformation of the anti-corruption movement style" to "institutional anti-corruption normalization", effective control of bribery crime.Sencond, improve the punishment system, norms commutation, parole system through actual implementation period, improve student punishment, reduce the threshold for qualification penalty may prevent recidivism, additional fines, in order to achieve the timeliness, effectiveness and equilibrium. The last is the update the concept of the death penalty, the criminal law scholars as the leading factor, then the judicial practice and political decision makers is the key, through judicial cases and positive criminal policy to change the death penalty superstition and the dependent mentality.