On The Abolishment Of The Death Penalty Of Corruption And Bribery Crime In China

With the development of the society, more than one hundred countries have abolished the death penalty in the world, and under this trend, abolishing the death penalty has become one requirement of national development. Even in the countries that still retain the death penalty, the death penalty is not as important as freedom penalty or be replaced by freedom penalty in their penalty system, and the applicable scope of the death penalty is only limited to the criminals who have committed extremely serious crime. Although some countries still retain the death penalty, but in juridical practice, death penalty has been adopted less and less. In the case that the death penalty be adopted less and less, the abolition of the death penalty is just around the corner, it is the inevitable result of the development of the human civilization. With the development of material civilization, spiritual civilization and political civilization in our country, the legislation condition also become more and more perfect, under this premise, corruption and bribery crime, as a nonviolent economic crime, has harm to the property of the state and the integrity of public officials rather than people’s personal safety. Although its society influence is very baneful, but the crime is not extremely serious.So the death penalty of corruption and bribery crime will be also abolished under the trend that the death penalty becomes extinct gradually.This article has a comprehensive discussion on the abolition of the death penalty of corruption and bribery crime in our country through four chapters. In the first chapter, firstly, review the measurement of penalty of corruption and bribery crime in our criminal law; secondly, summarize the measurement of penalty of the corruption and bribery crime in foreign criminal law briefly; finally, analyze briefly on the basic of the characteristic of corruption and bribery crime in our country. In the second chapter, analyze the current applicable situation of the death penalty of corruption and bribery in China, and research and analyze from two aspects: the criminative sum standard and the applicable condition of death penalty of corruption and bribery crime in our country. In the third chapter, expound that abolishing the death penalty of corruption and bribery crime is a necessary trend in our country. Analyze from three aspects: the basic principles of criminal law, the development trend of criminal penalty in our country and the international anti-corruption situation. Through the brief analysis above, draw a conclusion that abolishing the death penalty of corruption and bribery is a necessary and reasonable choice. In the fourth chapter, analyze the measure to abolish the death penalty of corruption and bribery crime. Firstly, discuss the cause of abolishing the death penalty of corruption and bribery crime. Secondly, analyze the opportunity of the abolition of the death penalty of corruption and bribery crime. Finally, under the background of our national conditions, find the measures to abolish the death penalty of corruption and bribery crime and put forward some reasonable suggestions.