A Study On The Abolishment Of Death Penalty In China's Corruption And Bribery

With the continuous development of human civilization and the in-depth conception of modern human rights,and even in the global wave of law civilization and progress in the 21st century today,facing the advocacy of the abolition of the death penalty for corruption and bribery from the international and domestic,at all times and in all over the world,the rulers of different countries without exception use the penalty that is the most severe legal sanctions,and are very focused on that criminal punishment in the prevention and punishment of embezzlement crime and bribery crime plays an important role.This can not help but make people ponder that whether the strict policies and regulations become a policy of prevention and punishment of embezzlement crime and bribery crime,whether the provisions of the death penalty for embezzlement crime and bribery crime have played a strong deterrent effect,and what is the necessity and validity of it?In the face of the trend of the development and progress of the rule of law in the international society and the current situation of legislation and judicial aspects of the death penalty in our country,the majority of criminal law scholars think that they should adapt to the needs of our country and explore the death penalty revolution of corruption and bribery crime at the present stage in our country with intelligent and pragmatic attitude.The author believes that the social harm of corruption and bribery crime is not serious enough to the extent of the death penalty must be applied.After all,the harmfulness is different from violating against other's life and health or crimes that directly endanger the national security,also not be serious to the extent that death penalty must be applied.Moreover,the application of the death penalty may not be able to play the effect of curbing the crime,and if you can set up scientific penalty institution and system after the abolition of the death penalty,but is rather a good way to achieve the purpose of punishment and deterrence.Therefore,the author thinks that at this stage the time to abolish the death penalty of corruption and bribery crime is already ripe.The full text is divided into five parts:The first part is the introduction.It includes status,purpose and significance,contents and methods of the research.Through investigating the present situation of the death penalty for bribery and corruption crime in our country,it laid the foundation for the full text on abolishing the death penalty problem of the bribery and corruption crime of;the second part is an overview of the death penalty of corruption and bribery crime.Through spreading the concept and legislative evolution of corruption and bribery crime,it reflects thegeneral appearance of the death penalty evolution in our country from ancient times to the present;the third part is the dispute about abolishment and persistence of death penalty of corruption and bribery crimes.This chapter is divided into retention theory,annulment theory and compromise theory,and then concretely elaborates and analyzes various theories and viewpoints;the fourth part is about the death penalty of corruption and bribery in foreign countries and its enlightenment to our country.This part specifically expounds the general situation of the death penalty of corruption and bribery in the common law countries such as the United Kingdom and the United States,the civil law countries such as Germany and Japan and their enlightenment.The fifth part is about the necessity and feasibility of abolishing the death penalty for China's corruption and bribery crimes.One is the analysis of necessity which is given a detailed statement about the requirements of principle of balance between crime and punishment,the inevitable choice in the spirit of the restraining criminal law,strengthening humanitarian protection and the need for international cooperation of the fight against corruption and bribery;The other is,on the basis of necessity,a further analysis of the feasibility:the abolition of corruption and bribery crime in accordance with China's current death penalty policy at this stage,theory and practice foundation has been established,the foreign experience for reference and meeting the requirements of the international trend of death penalty?...