Research On The Legitimacy Of The Abolition Of Death Penalty Of Corruption And Bribery Crime

The abolition of the death penalty has always been a hot topic of debate in Chinese criminal law academic circle,Following the amendment to the Criminal Law(8)After the abolition of 13 economic non-violent crimes,the amendment to the Criminal Law(IX)also abolished the death penalty for nine types of economic non-violent crimes,and Set off a wave of abolition of death penalty in our country.However,what deserves our attention is that while the Criminal Law Amendment(9)has amended the penalty for corruption and bribery and increased the life imprisonment system,it still retains the death penalty.The crime of corruption and bribery,which is mainly a greedy crime committed by state staff,is a typical nonviolent crime.Setting a death penalty for it can play a certain role in a specific period,but it is unreasonable in the long run.On the one hand,the value and the economic value of life peer violation of human rights and the restraining spirit of criminal law;On the other hand,the cost of death penalty for embezzlement and bribery is far more than the output of its benefits,contrary to the theory of Cost of Criminal Law.This article is divided into four parts,the main text is about 40000 words,and the main contents are as follows.The first part of the dissertation is an overview of the death penalty for embezzlement and bribery,including its historical evolution,origin and academic arguments.The establishment of the death penalty for corruption in China has undergone a long period of development and improvement.The main purpose of death penalty is deterrence and prevention,which has indeed played an active role at the beginning of its establishment.However,with the deepening of reform and opening up and the improvement of penal system,There are more and more academic disputes over the death penalty and the abolition of corruption on the basis of corruption.According to the author,at present,China has all the necessary conditions to abolish the death penalty for corruption and bribery,which is the trend of the times.The second part of the dissertation discusses the legitimacy of the abolition of death penalty of corruption and bribery from the criminal law theory and the international treaties signed by our country,including five aspects.First,the inherent spirit and principles of the criminal law,the abolition of the death penalty is in line with the principle of restraint,self-sufficiency,and punishment of criminal law;Second,China's criminal policy and the death penalty policy,abolition of the death penalty is "wide and strict" of criminal policy and "strict restrictions Death penalty " in the title of the death penalty;Third,the view of the criminal law in a harmonious society,the abolition of the death penalty is to build a harmonious legal system;as part of the fourth is from the human rights theory to abolish the death penalty is to respect and safeguard the human rights embodied in the criminal law;Finally,from the international treaties signed by our country,the abolition of the death penalty will be conducive to promoting judicial cooperation among nations.The third part of the paper is an empirical analysis,focusing on collecting data,analyzing data,and drawing the conclusion that the main line unfolds,which also includes five aspects.First,the effect of setting the death penalty for the crime of embezzlement and accepting bribes is not obvious;Second,the effect of the system of life imprisonment is good and can be applied as an alternative measure to death penalty;Third,the one-sided of public opinion on the death penalty must be properly guided;Fourth,corruption and bribery The death penalty causes international difficulties in extradition and criminals to flee and serious loss of state assets;Fifth,two criminal law amendments have abolished the death penalty for a series of economic non-violent crimes and can be abolished according to the death penalty for corruption and taking bribes.The fourth part of the thesis is to analyze the cost-benefit analysis of the criminal law of the death penalty of corruption and bribery in combination with the principle of economics.First of all,it elaborates the Cost theory of Criminal Law,and then analyzes the cost and benefits of death penalty,concludes that the penalty amount of corruption and bribery far exceeds the benefit of criminal law.Finally,by discussing the two issues of whether economic value and life value are equivalent and whether the death penalty cost and benefit are reciprocal,this paper argues that the abolition of the death penalty of embezzlement and acceptance of bribe meets the requirements the Cost theory of Criminal Law.In summary,no matter from the theoretical,empirical,or cost-effectiveness analysis,the death penalty for embezzlement and bribery shows certain disadvantages at the present stage and has become an obstacle in the process of rule of law construction.In all conditions have matured conditions,the author believes that the abolition of corruption should be put on the agenda for death.