A Study On The Death Penalty For Drug Crime

Today, The drug-related crime situation the international community is facing is enormous. To China, for example, drug crime is no longer confined to individual provinces or within national borders, cross-regional drug-related crimes have become increasingly rampant, and pose a great threat to China's social order and civilization. From this, our current drug-crime legislation and judicial strict conditions seem reasonable. Considering a number of overseas countries and regions have abolished the death penalty or rarely death penalty for cases, drug crimes in China retains the death penalty, and, in death penalty cases, drug crimes appropriate number of cases die, "unique." However, this article examines the situation at home and abroad, the proposed restrictions on the death penalty for drug offenses in the point of view.This article is divided into three parts: first, the concept of drug-related crimes,characteristics. This section introduces the concept of drugs, the composition and characteristics of drug-related crimes, our criminal law "drugs" found, and the criminal law on drug crimes constitute crimes. In addition, the evolution of drug-crime legislation and foreign application of the death penalty on drug crime. Emerged from the Ming dynasty, China's first smoking ban to the Penal Code of 1997, we reviewe the legislative changes of drug crimes. Evolution from the legislative point of view, for drug-related crimes from having to none, lighter to heavier, all reflect the drugs and drug crime in our country's development situation. This section also compares the present and foreign application of the death penalty on drug crime. Most foreign countries, but also more emphasis on drug crimes, but they "do not worship" the death penalty or a felony, more flexible is to set the penalty, and the procedure to be special provisions, attention to property punishment is applicable, focus on alternative measures use, and attention to strengthening the international judicial cooperation. In China, focusing on the use of the death penalty and felony, only the amount of drug offenses or certain behavior or identity to decide whether to appropriate death, but also make long-term imprisonment to be abused. In addition, the judges seem to "dislike" the application of criminal property on the property when necessary, punishment shall not apply. Second, on the basis of the above, author points out the problems about the death penalty for drug crime. The amount of drugs is easy to grasp, measure, and that the size and number of harm to the society has a direct connection. In judicial practice, if put the amount of drugs as the only standard, it will inevitably lead to higher death rates to the relevance of drug-related crimes. In addition, under the Penal Code, as long as the number of drug crimes to legal standards, you can identify a drug crime, not to purity as the standard. The advantage of this provision is that investigating authorities and the judiciary will press criminal prosecution without considering purity.This will help us improve efficiency in handling cases, but this is clearly not conducive to fight against crime accurately, sentencing is also biased. Also, conviction and sentencing standards for the transport of drugs and smuggling, trafficking, drug manufacturing are consistent in the application of the death penalty, and no "special care", which is open to question. On the "special circumstance", "informer," the use, in our current investigation of drug-related crimes are very common, but because of abuse, there are many problems. Finally, the criminal misconduct policy had a negative impact for the death penalty. Described by the above questions, I come to my own view that we should limit the death penalty for drug crimes . Fourth, the author explained Limit the reasons for the death penalty,such as history of emotions from the people to be sterile, contrary to the principle of suiting punishment, destruction of the balance of the penalty, the need for protection of human rights, the death penalty for drug offenses have little effect. Rule of law and social reality in our context,we can Limit the application of the death penalty for drug crimes from the following aspects: policy of Drug Crimes that combining punishment with leniency; change the status of only the number of drug; special circumstance should be institutionalized and standardized; to expand the use of the stays of execution; play the guiding role of typical cases.