论文部分内容阅读
近年来,在我国,贪污贿赂犯罪的犯罪率一直都很高,而现在,我国也在大力整治这一领域。我国现行刑法规定此罪的法定最高刑为死刑,这一规定相对来说具有一定的历史性和现实性,对社会的稳定和发展起了一定的积极作用,但随着国内社会各方面的向前发展和国际社会的发展趋势,废除贪污贿赂犯罪的死刑也成了保护人权的重要方面,而且从我国刚出台的《刑法修正案(九)》上可以看出,我国对贪污贿赂犯罪的定罪标准和惩罚力度都做了相应的调整,并确立了严重贪污受贿犯罪死缓犯的终身监禁制度,努力实现严惩严重贪污受贿犯罪和着力减少死刑立即执行之适用的双重功效这一目标。所以根据该修正案和国家的一系列相关政策,废止死刑是一个从逐渐废止到完全废除的过程。但本文认为现在仍然可以从完善立法这一方面来废止死刑。
In recent years, in our country, the crime rate of corruption and bribery crimes has been very high. Nowadays, our country is also vigorously rehabilitating this area. The current law stipulates that the maximum penalty for this crime is the death penalty. This provision has a certain historical and realistic nature, which plays a positive role in social stability and development. However, with the development of all social sectors The development of the former and the trend of the international community. The abolition of the death penalty for embezzlement and bribery crimes has also become an important aspect of the protection of human rights. As can be seen from the Criminal Law Amendment (IX) just released in our country, our country’s criminalization of corruption and bribery Standards and penalties have been adjusted accordingly and established a life-long system of imprisonment for grave corruption and bribery crimes committed to achieving the goal of severely punishing the crime of corruption and accepting bribes and reducing the dual effects of the immediate implementation of the death penalty. Therefore, according to the amendment and a series of relevant national policies, the abolition of the death penalty is a process of gradual abolition to complete abolition. However, this article argues that the death penalty can still be abolished from the aspect of improving legislation.