중국 형사법상 경제범죄 사형폐지 방안에 대한 고찰

Abstract

The ever-accelerating pace of China’s reform and opening up brings about the great transformation of the its economic system. While the market economy is greatly promoting China’s development, the number of economic crimes is skyrocketing, causing deep harm and serious threat to business activities. As the measure to the situation, China increased punishment for economic crimes, and now it includes even capital penalty. In worldwide, even for the countries where the death penalty is legal, it only applies to crimes severely affecting human life and safety, military crimes, or crimes endangering national security, but not economic crimes. Many scholars insist the death penalty must be abolished, and the one to economic crimes should be erased from the list. Application of the death penalty for economic crimes is violation of the principle of proportionality, the principle of applying criminal law as the final means for keeping social order, and the basic terms of protection of human rights. It could also result in a failure on the international criminal judicial assistance in China. Thus, the death penalty must be strictly applied to the economic crimes. In this thesis, the procedural and substantive restrictions of the death penalty for economic crimes is discussed from the legislation to the judicature. The economic death penalty shall be abolished in China, with the progress of civilization one day, if not today. By examining the need for the abolition of the death penalty for economic crimes, and the way of improving the situation in China, I hope to contribute to the awareness and direction to the abolition of the death penalty for economic crimes.