职务犯罪死刑存废的理性思考

Rational Thinking on the Retention or Abolition of the Death Penalty for Crimes Relating to Corruption and Bribery

我国《刑法》为职务犯罪配置了死刑,司法实践中也有贪官被执行了极刑,然而我国职务犯罪的犯罪率却连年攀高,所以这不得不使我们反思我国职务犯罪死刑的设置对于控制职务犯罪的作用。首先从职务犯罪的概念界定谈起,进而从职务犯罪发生的内外因等角度论述我国废除职务犯罪的必要性,并进而就我国目前在未废除职务犯罪的死刑这一现实情况下,探讨如何严格控制职务犯罪的死刑。最后,就未来逐步废除职务犯罪死刑的路径进行具体的设计。

The death penalty is provided for the crimes relating to corruption and bribery in China＇s Penal Codc, and some criminals have been executed, but the crime rate of such crimes is rising year after year, which makes us review the effect of death penalty on controlling such crimes. In this paper, the author first defines the concept of the crimes relating to corruption and bribery, and then from the perspective of internal and external causes which lead to the occurrences of the crimes relating to corruption and bribery, the author discusses the necessity for the abolition of the death penalty of the crimes relating to corruption and bribery. And in China＇ s current situation where the death penalty of such crimes is still stipulated, the author talks something about what we should do to restrict the application of the death penalty of the crimes relating to corruption and bribery. Finally, the author gives a specific design for the road of gradual abolition of the death penalty of the crimes relating to corruption and bribery in China.