On The Abolition Of Corruption And Bribery Of The Death Penalty

The right to life is the most basic and most expensive right,but the death penalty is one of the most cruel punishment methods to eliminate the life power,which has several thousand years of history.Since eighteenth Century,when the Italy legal scholar Beccaria put forward the abolition of the death penalty theory,the world set off a heated discussion on the issue of the death penalty.In recent years,with the development of the human rights movement,people pay more and more attention to the protection of the right to life,human rights are increasingly high,the abolition of the death penalty dispute intensified,especially in the concern of the death penalty of corruption and bribery of the legitimacy and rationality was strongly questioned.In China,since 1979 began to set up the criminal law crime of corruption of the death penalty,to 1997,added the crime of bribery to the death penalty,"criminal law amendment > seven to further improve the crime of corruption,bribery crime death penalty,to 2015 years in November" criminal law amendment nine > again to perfect the crime of bribery and corruption to death,I crime of embezzlement and bribery penalty problem again and again to a climax.It is undeniable that our country in order to effectively curb the occurrence of corruption and bribery,the crime of corruption and bribery set the death penalty,the provisions in the previous crime does play a certain deterrent.But in the judicial practice,since the death penalty of the crime of corruption and bribery in China,the crime rate has not declined,but showing a trend of rising every year,In view of this,the application of the death penalty is not ideal for the suppression of the occurrence of corruption and bribery crime,and did not achieve the purpose of preventing corruption.China's criminal law on corruption,bribery crime criminal law set love configuration on the rationality and equivalence of the death penalty is not suitable.In this paper,the author will through the legislative history of the crime of corruption and bribery,for the status quo,combined with China's social environment,on the basis of beneficial experience,analysis of the crime of corruption and bribery to abolish the death penalty of the necessity and feasibility,and puts forward his own suggestions for our country after the abolition of the death penalty of corruption and bribery the penalty system settings,in order to improve as much as possible corruption and bribery crime penalty.