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作为一种古老的刑罚,人们对它的合理性从未怀疑过,直到贝卡利亚关于死刑正当性的疑问出世,人们开始长达两百多年的死刑存废之争,世界各国保留、废除死刑的行为更是持续不断,层出不穷。我国作为保留死刑制度的大国,2015年11月我国《刑法修正案(九)》虽然逐步减少死刑,但仍然有46个。在本文中,笔者将从贪污犯罪的现实诱因和犯罪人自身两个角度来论证死刑对贪污犯罪的威慑力以及我国死刑替代刑任务长期而又艰巨。
As an ancient punishment, people have never doubted its rationality. Until Beccaria’s question about the justification of the death penalty was born, people began the struggle for saving and abolishing death penalty for more than two hundred years. All the countries in the world reserved, Abolition of the death penalty is a continuous behavior, one after another. As a big country that reserves the death penalty system in our country, in November 2015, there are still 46 death penalty cases in our country, though the death penalty has been gradually reduced. In this paper, the author will prove the deterrence of the death penalty against corruption crime and the long-term arduous task of replacing the penalty of death penalty in our country from the actual incentives of corruption and the perpetrators themselves.