Comparison And Choice Of The Death Penalty Of Corruption And Bribery Crimes

The dispute of existence or abolishment of the death penalty is long-standing and exists worldwide. One of the focus problems is the dispute of the death penalty of corruption and bribery crime. In the past decades, a trend of abolishment of death penalty was set off in the world. China also put efforts in the reduction of charges and application of death penalty. With a background of the state cracking down on corruption and bribery crime, existence or abolishment of the death penalty of corruption and bribery crime has become a hot issue again in society in recent years. This thesis holds the opinion that the discussion of existence or abolishment of the death penalty of corruption and bribery crime relies on the judgment for Chinese economic and social development stage, relies on the review of Chinese historical traditions especially the history of fighting against corruption, and relies on the comparison of the international community's system in dealing with similar problems. Therefore, this thesis is titled with the Comparison and Selection of Existence or Abolishment of the Death Penalty of Corruption and Bribery Crime to discuss the above issues and put forward personal views on the system choice in our country. In addition to the introduction and conclusion, this thesis is divided into four parts:Firstly, longitudinal observation for the history of existence or abolishment of the death penalty of corruption and bribery crime is made. An introduction of criminal law regulations for death penalty of corruption and bribery crime and criminal policies in special periods is made from foreign and domestic perspectives. The conclusion is that the actual situation of specific society is necessary to be taken into consideration when talking about the abolishment of the death penalty. Copy of others' systems is not advocated, but efforts should be put in promoting the abolishment and reduction of death penalty, which follows the trend of the times.Secondly, horizontal comparison of some countries' attitudes and practices on the problem of existence or abolishment of the death penalty of corruption and bribery crime is made. A brief introduction and evaluation was made from the perspective of actual attitudes of the representative states that reserve the death penalty of corruption and bribery crime, the representative states that abolished the death penalty of corruption and bribery crime and some international conventions. The conclusion is that states that reserve the death penalty of corruption and bribery crime are rare and most countries not only abolished the death penalty of corruption and bribery crime but also lightened the punishment gradually.Thirdly, the current situation and problems of the execution of the death penalty of corruption and bribery crime in our country are summarized. China's attitude towards the corruption and bribery crime is shown as the limited reserve of death penalty charge in legislation and the trend of liberal application in the judicial practice. In the perspective of public awareness, the voice of reserving or expanding the application of the death penalty charge is louder.Finally, personal view on the rational choice of existence or abolishment of the death penalty of corruption and bribery crime in our country was put forward. It argued that the death penalty charge of corruption and bribery crime in China should be gradually canceled in near future and the application of death penalty of corruption and bribery crime should be considered seriously. Prevention measures for corruption and bribery crime should be actively sought at the same time. The "irrational" voice of the public should be taken rationally. This is the rational choice of the reform of Chinese criminal policy.