我国自古就存在贪污贿赂犯罪,最高法定刑在各朝代都是死刑,然而我国的贪污贿赂犯罪并未因为刑罚的严酷而减少,说明死刑对于遏止贪污贿赂犯罪行为并非治本之策。无论是基于国际轻刑化的趋势,还是基于罪责刑相适应原则、合理配置死刑原则、人道性分析、效益性分析以及我国现行的死刑政策,我国都应该废除贪污贿赂犯罪死刑。同时,在废止死刑后,贪污贿赂犯罪的刑事立法应做出相应的调整。 However, the crime of embezzlement and bribe in our country has not been reduced because of the harsh punishment. It shows that death penalty is not a permanent cure for the crime of embezzlement and bribery. Whether it is based on the international tendency of light punishment, based on the principles of crime, punishment and punishment, the principle of capital punishment, humanitarian analysis, benefit analysis and the current death penalty policy in our country, all our country should abolish the death penalty of corruption and bribery. At the same time, after abolishing the death penalty, the criminal legislation of corruption and bribery should be adjusted accordingly.