Study On Existence Or Abolishment Of Death Penalty In Crime Of Corruption And Bribery

In recent years, with the party and the government intensify anti-corruption efforts, a large number of corrupt officials are arrested, many of them are provincial and ministerial level officials and even country-level officials. "Tiger" sacked for corruption and bribery trial so the court trial and punishment of people apply to become focus of public opinion, the people in the country the rule of law and judicial procedural fairness applaud progress, but also why the issue of corrupt elements of corruption and tens of millions or billions not sentenced to the death penalty question. "Criminal Law Amendment(ix)" on corruption and bribery have been major changes, the overall principle is to retain the death penalty and strict control of corruption and bribery corruption and bribery crime Death Penalty, which is also in line with the overall trend of social development and Social Status. Abolish the death penalty or restriction of the death penalty is applicable to the current international trend of development of criminal punishment, and the abolition of the death penalty issue should also be considered in the international background. The nature of the death penalty is a human rights issue, based on the requirements of protection of human rights should abolish the death penalty, but taking into account national conditions and public opinion demands, corruption and bribery Abolishment of Death Penalty should not be rushed, but should be strictly limited the death penalty and reduce the death penalty applies, in accordance with their social changes in the environment, timely abolish the death penalty.This paper uses literature research, empirical research and comparative studies and other research methods to explore corruption and bribery and abolish the death penalty applicable issues. There are four parts:The first part is the penalty and its judicial corruption Bribery Situation Analysis. This section includes two aspects, one that "Criminal Law Amendment(ix)" setting punishment of corruption and bribery in relation to previous modifications have progressive, but still needs further improvement and perfection. On the other hand our judicial practice there are certain problems of corruption and bribery Death Penalty. The significance of this part is to grasp the status quo of corruption and bribery in the legislative and judicial practice, as a background of corruption and bribery death penalty reform.The second part is the theory of corruption and bribery corruption and bribery controversy Abolition of Death Penalty in the crime. This section describes the reality of the death penalty were abolished and reservation on the theory point of view, by summarizing and comparative analysis of a review of the arguments of the two views, and then find out the nature of their dispute.The third part is the essence of corruption and bribery Abolition of Death Penalty controversy. For the Abolition of Death Penalty corruption and bribery controversy, the two sides argued for their own debate, but in the final analysis only ought to be natural and real debate. From the aspect ought to say, the abolition of the death penalty is corruption and bribery requirements of protection of human rights; and from the Real side, to retain the death penalty is a crime of corruption and bribery of public opinion to respect the choice. Recognize the nature of the debate, it is possible to provide meaningful guidance to the path of death penalty reform in China.The fourth stage is the path of corruption and bribery abolished the death penalty. In not immediately abolish the death penalty corruption and bribery cases, take several steps abolish the death penalty corruption and bribery is feasible path. This section is divided into three steps, the first step is strictly limited by the legislative and judicial and reduce the Death Penalty; the second step to play a reprieve value function to replace the death penalty immediately; The third step is the abolition of corruption and bribery in when conditions are ripe death penalty. The first two steps in order to achieve the abolition of the fact that corruption and bribery, rather than set the third step of corruption and bribery to achieve the complete abolition of the death penalty.