The Study on Abolishment of Death Penalty of Corruption Crimes

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Bribery and corruption crime exists widely worldwide, and are very serious in some countries and areas. Particularly, bribery and corruption crimes will occur frequently with high degree in the specific period of fast development of economy, rapid transform of society and imperfect of some mechanism in our country. “It badly harmed healthy development of our society and blocked the aim of building harmonious society of our government. In order to keep bribery and corruption crimes within limits; the government always persists in giving a great blow to the crimes, and even used the most severe criminal punishment-death penalty.”(Changsha, 2006) “But, we can find from the case arising status in the lately decades, that is, one side, the case arising rates, related money amounts and the civil levels constantly broke the record.”(Zhao, 2004) On the other side, some new circumstances and aspects constantly happened such as high frequency of hiding and spoliation, low utilization rates of death penalty, escaping of corrupt officials, and even appeared giving corrupt officials lower criminal punishment who were repatriated because of extradition. It made unfair of justice as a matter of fact, showed disability of death penalty in punishing bribery and corruption crimes, and made some misunderstanding of doctrine of severe punishment. The appearance of dispute about existence and abolishment of death penalty of briery and corruption crimes is based on that with the rapid development of economy, “culture and society in lately two decades, material wealth get maximum abundance, and people’s concept of human rights and consciousness of rights get progressively boosting up.”(Ma, 2004)At the same time, internationally movement of abolishment of death penalty increased. Every year cases of condemning and carrying out death penalty mostly in our country,which is out suit to great effect of our country, and also runs counter to the great aim of building harmonious society of our country. “It is necessary that to adapt the trend, to abolish death penalty of bribery and corruption crimes.”(Chen, 2001) The necessity of abolishing of death penalty of corruption crimes Death penalty, to be the most stern penalty that take away people’s life, the debate of keeping it or abolishing it was first been put forward in the book “Crime and Penalty”, written by Beccaria. This issue has been argued for hundreds of years. Nowadays, civilization is highly developed, academic circles’ opinions for the death penalty, especially for death penalty of non-violent crime, which should abolish, are basic consensus. Professor Zhao, Bingzhi pointed out that “The crimes that obviously are too harsh to set death penalty or will resulting for value imbalance, should be abolished their death penalty from legislation in time.” “In particular for non-violent crimes which there are no specific victim and crimes which do not have the potential hazard to other people’ person basic right” (Zhao, 2004), should be abolished their death penalty from legislation right immediately. Speaking of bribery and corruption crimes, the issue that whether should abolish death penalty or not becomes academic circle and theory circle’s focus of debate increasingly. One opinion consider that even though bribery and corruption crimes seriously endanger the integrity of country staffs and encroach on public property, but they do not harm for people’s life, so we should abolished death penalty of bribery and corruption crimes(Ma. 2006). Another opinion thinks that abolish bribery and corruption crimes’ death penalty is not fit for China’s national conditions, and there are two reasons. On one hand, at present, China excessively uses probation or exempted from criminal punishment to majority bribery and corruption crimes, which contravene the principle of fairness penalty. On the other hand, comparison to other countries which abolish death penalty for bribery and corruption crimes, our country...
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