Study On The Issues Of Death Penalty In Corruption And Bribery Crime Cases

The death penalty is the most severe punishment and different countries have different attitude to it, however, the trend in the world is limit the application of death penalty even abolish it in law. The limitation or abolition of death penalty protect human right and prevent from wrongful conviction. The death penalty in corruption and bribery crime cases is one of the most controversial issues. The corruption and bribery crime refers to the embezzlement and bribe-taking cases, according to China’s Criminal Law, the two crime names contain death penalty. The issue of existence or abolishment of death penalty in corruption and bribery crime cases is the topic of this dissertation as the following four parts:The first part is some fundamental analysis of existence or abolishment of death penalty in corruption and bribery crime cases. This part firstly defined the corruption cases and introduced the controversy of existence or abolishment of death penalty in corruption cases and maintains that many factors involved in it including historical tradition, current practice and public opinions.The second part is historical and practical analysis of existence or abolishment of death penalty in corruption and bribery crime cases. This part introduced some historical materials to reveal how to treat corruption cases in ancient China. This part also introduced current situation such as some judicial policies to death penalty in corruption cases. This part maintained that there are some changes in application of death penalty in corruption and bribery crime cases.The third part is theoretical analysis of existence or abolishment of death penalty in corruption and bribery crime cases. This part revealed some jurisprudence theories from death penalty’s function, comparative law and public opinions. This part maintained that death penalty abolishment is the worldwide trend and death penalty paly a negative role in the process of combating corruption and building a clean government. However, the public opinions and professional opinions conflict seriously.The fourth part is the reform in legislative and judicial field about policies of death penalty in corruption and bribery crime cases. This part maintained that death penalty should not be abused in corruption and bribery crime cases. Currently, the death penalty can be applied in some severe cases but death sentence with a two-year reprieve and forced labor should have priority. In the long term, death penalty should be abolished.