On The Public Opinion As A Kind Of Factor About The Existence Or Abolishment Of The Death Penalty For The Crime Of Corruption And Bribery

Corruption is not only an important source of social chaos,but also a prominent social problem faced by developing countries.With the process of reform and opening up,corruption and its governance has been one of the important subjects of social development in china.Especially since the 18 th CPC National Congress,the party and the government have always taken the task of punishing corruption and bribery as a top priority.General Secretary Xi Jinping pointed out: corruption is a social cancer,if let the problem intensified,the party and the country will be died out.At present,we should put the punishment of corruption in a prominent position,continue to maintain the high pressure of punishing corruption,resolutely investigate and punish corruption cases,cracking down on both tigers and flies.Law is an important way of adjustment in modern society.Under the current basic strategy of law-based governance of the country,we must persist in governing corruption with the law,in which the role of criminal law is indispensable.In the revised criminal law of 1997,corruption and bribery became a separate chapter,and the subsequent amendments of the criminal law continued to improve the composition of the relevant charges and their penalties.At the same time,the abolition of the death penalty of corruption and bribery has become an important topic in the legislation,judicature and theoretical research of criminal law in China.At present,there are different views on the death penalty of corruption and bribery in the theoretical circle.Some scholars believe that the death penalty of corruption and bribery should be abolished at this stage,because the death penalty does not conform to the principle of equivalence of crime and punishment,does not conform to the modesty of the criminal law,violates the humanitarian concept and so on.But most scholars believe that,at the present stage,we should temporarily retain the death penalty for corruption and bribery,based on the actual situation of our country and the public opinion,and then abolish it when the time is ripe.The practical circle taking the need for anti-corruption work and the strong desire of the public to punish corrupt elements,into account retains the death penalty,but severely restrict and gradually reduce the application of the death penalty in the legislation and judicial practice.It can be seen that both the theoretical and practical circles support the temporary retention of corruption and bribery crimes.This approach has been partly influenced by public opinion,which is a factor affecting the abolition of the death penalty of corruption and bribery.The paper studies the influence,role and participation of this factor.This article is divided into six parts.The first part discusses the background of this topic,the meaning of the topic and the problems to be solved.The second part discusses the interaction between the death penalty and the public opinion in the bribery and corruption crimes.At present,China's corruption and bribery crime has emerged some new features,which not only increased the difficulty of anti-corruption,but also seriously damaged the interests of the public,so public opinion's intervention has a realistic basis.The third part discusses the death penalty of corruption and bribery crime and the environment of public opinion.Public opinion,as a social consciousness,can't be separated from the social environment.This paper examines the environment of public opinion from the historical and cultural environment,the situation and the punishment of corruption and bribery,and the public mentality.From this,we can conclude that public opinion is still in an atmosphere of death penalty.The fourth part discusses the introduction of public opinion.The reform of the death penalty of the corruption and bribery should reflect public opinion and the specific application of the death penalty should take public opinion into account,and anti-corruption work should rely on the public and comply with public opinion.The fifth part discusses the participation of public opinion.The reform and the specific application of the death penalty of the corruption and bribery and the anti-corruption work need the participation of public opinion.We should unimpeded the ways of public opinion expression,assess the public opinion,absorb the beneficial ingredients of public opinion,and eliminate irrational public opinion.The sixth part is conclusion.The crime of corruption and bribery of the death penalty in criminal legislation,criminal justice and the national anti-corruption work should pay attention to public opinion,but in deciding the death penalty of corruption and bribery can't enlarge the role of public opinion which is only one of the factors,and ultimately the real needs of anti-corruption work plays a decisive role.