简论经济犯罪与死刑

我国是世界上对经济犯罪适用死刑的极少数国家之一。随着我国经济的发展,我国的经济犯罪也日益严重,立法机关希望通过死刑的适用来遏制经济犯罪。但事与愿违,死刑的适用并没有收到预期的效果,还违背了刑罚的目的和罪刑均衡原则。因此,我国在立法上应当废除对经济犯罪的死刑,规定经济犯罪的法定最高刑为无期徒刑,并附加适用财产刑。

On Economic Crime and Death Penalty

Death penalty is still kept in our criminal law. With the development of our country's economy, economic crime becomes more serious. The legislative organization applies death penalty in order to prevent economic crime. In fact, the result is that death penalty did not prevent economic crime effectively, but violate the purpose of punishment and the principle of suiting punishment to crime. So death penalty in economic crime should be abolished in our criminal law by our legislative organization; the permanent imprisonment should be the severest punishment, and property-oriented penalty should be added in economic crime.