贪污贿赂罪设置死刑的刑罚价值解析

我国刑法将贪污贿赂犯罪视为最为严重的犯罪之一,配刑制度坚持了＂重刑重罚＂的原则,将其最高刑配置为死刑。这是对死刑制度的一种扩张,它偏离了刑罚原则,减损了刑罚功能,模糊了刑罚目的,违背了罪刑相适应的刑法原则。限制贪污贿赂罪死刑配置符合我国刑事制度发展的要求。

Analysis of the Death Penalty against Corruption and Bribery

The existing criminal law regards the corruption and bribery as one of the most serious crimes. Our penalty system adheres to the principle of ＂heavy punishment for severe crime＂, and the most severe sentencing is death penalty. This is an ex- pansion of the death penalty system, however, it has deviated from the penalty principle, reduced the penalty function, ob- scured the penalty purpose and violated the criminal law principle of ＂commensurate penalty for corresponding crime＂. Thus it meets the requirements of criminal system development to restrict the use of death penalty on corruption and bribery crime.