Research On The Application Of Death Penalty In Drug Crimes

Since the1980s, the means of drug crimes appear to be various, concealed andintelligent, the activities of drug trafficking and drug production which are oftencontrolled by drug cartels, professional organizations and armed gangs are becomingmore and more rampant. This kind of reality condition not only increases the socialharm and the personal danger of drug crimes, but also increases the difficulties ofstriking and controlling these crimes. Drugs run wild in the world, and it is one of themost serious social problems of the globe, along with AIDS and terrorist activities.The three public nuisances cause great concerns of the governments and peopleworldwide. As for the application of death penalty in drug crimes, we investigate itsapplicable condition of the international community and its historical development inChina, introspect it from the views of penal policy, analyze it with criminologicalmethods, and make detailed analysis on procedure of it in our state, and based onthese theory and practice of drug crimes, we attempt to work out how the applicationof death penalty for drug crimes in China should be.The death penalty of drug crimes in the whole world is progressively restrictedand came to abolish, many countries worldwide has already put an end to it or at leastgradually diminish it. In juridical practice, death penalty is widely applied, since theanti-drug law of China is so strict. However, in recent years, China started to reducethe application of death penalty in drug crimes, especially the death sentences withimmediate execution.Basically, the strict nature of “strike-hand” policy and Chinesejustice-with-mercy criminal policy is preferably reflected by the application of deathpenalty in drug crimes in Chinese judicial practice, but it seems that we have gone toofar on the strict side than the nature of mercy policy. Considering the perniciousness of drug crimes, the principal of suiting punishment to the crime probably give a vetoto the application of death penalty. Taking the effects of penalties into consideration,the application of death penalty is too debilitated to persuade us that it’s able toprevent and control the drug crimes. Consequently, the policy’s core spirit on theapplication of death penalty in drug crimes is still “justice with mercy”, which mainlyrequires “kill less, and kill prudently”. While brandishing the death penalty for strictlystrike the desperate drug crimes, we should keep prudent and strict on the applicationof death penalty.Despite the applicable standards in the Criminal Law for the application of deathpenalty in drugs crimes, there still exist two main problems in our judicial practice.The first is that the quantity standard is too low to meet the principal of suitingpunishment to crime; the second is that the quantity becomes the only standard, seemssort of objective incrimination. We must abide by the principle of equivalence and theprinciple of necessity in the application of death penalty in drugs crimes. Only whenthe nature, result, and plot of the crime are ferocious objectively and the criminal istoo dangerous, can the death penalty be applied.A series of problems exist in the first and second instance stage and the review ofdeath sentence in the application of death penalty in drug crimes, and the causes comefrom various aspects. We should emphasize the attendance of witnesses, appraisers,and investigation personnel in the institution, allow the counsel for the defenseexpress their submission to the judicial committee directly, construct a compulsoryappeal system of death sentence in the first instance stage, enhance the independenceof the court of second instance against the court of first instance, stick to the open trialprinciple in second instance for death sentence cases. As for the review of deathsentence, we should establish the lawful base for the participation of the counsel forthe defense in this step, design a concrete route for their participation, ensure thecompulsory right of defense for the defendant, endow the counsel for the defense ofthe right to meet, the right to investigate, and the right to inspect the documents, setdetailed rules and regulations for the participation of the counsel for the defense, be strict on the obligation to inform, standardize the communication regime, andemphasize the obligation of explanation.Rethinking the doctrine of severe punishment of drug crimes in China, settingdeath penalty for drug crimes has influenced the relationship of balance betweencrime and punishment and has seriously affected the fairness of criminal law in ourcountry. Therefore, for drug crimes, on the one hand, the current drug control policyshould be shifted, the prevention of drug and the fight against work should be put onthe equally important position; on the other hand, the limitation on legislation and theconvergence of judicature should be adopted, reforming the punishment of some drugcrimes along with the immediate execution of death penalty, abolishing deathprobation system, replacing death penalty with life imprisonment for some seriousdrug crimes, and limiting the application of death penalty in drug crimes during theprocess of applying the law, taking strict control over the basic criterion of applyingthe death penalty, loosening the requirement for death sentence with a two yearreprieve, firmly grasping the specification and plot of applying death penalty inspecific crimes to limit and reduce the application of death penalty, only in this waycan we limit the application of death penalty as much as possible in order to keep thebalance between crime and punishment and accomplishing the objective ofpunishment better.Many theoretical viewpoint of the author made a new understanding andinterpretation of the relevant problems, for example, stressing that the scope of theapplication of death penalty in drug crimes should be strictly limited, limiting thecondition of applying death penalty in drug crimes strictly, making stricter standardsof the case handling procedures during the application of death penalty in drug crimesand rules of evidence, firmly mastering and unifying the criterion of rules of evidencein death penalty cases, limiting the condition of applying death penalty in drug cases.The author deems that the classification method which divides circumstances ofsentencing into legally prescribed circumstances of sentencing and discretionarycircumstances of sentencing has serious defects in theory. The author analyses and reviews on the quantity standard theory in drug crimes, and makes proposal for abetter standard of death penalty in drug crimes in our country. According to theanalysis of the problems existing within the procedures of applying death penalty indrug crimes in our country, the author puts forward many targeted improving countermeasures, including strengthening the court system of witnesses and investigators,allowing the defense lawyers to report the death penalty defense opinions to thejudicial committee directly, establishing compulsory appeal system in death sentences,strengthening the independence of the court of second instance relative to the court offirst instance, carrying out the principle that the death penalty cases of the secondinstance should be tried publicly, strengthening the institution that defense lawyers issupposed to involve in the procedure for judicial review of death sentences; analyzingthe way of legislative limitation of death penalty in drug crimes in our country,including reforming the punishment of some drug crimes along with the immediateexecution of death penalty, abolishing death probation system, replacing death penaltywith life imprisonment for some serious drug crimes, advocating taking measures torefine legislation and restrain judicature. Only in this way can we try to limit theapplication of death penalty as much as possible in order to keep the balance betweencrime and punishment and accomplishing the objective of punishment better and soon. The ideas developed here have instructional significance in reality and referencemeaning in theory for both the theory and practice of drug crimes.