Research On The Amount Of Drug Crime And The Mitigation Of Punishment

Mitigation of punishment is the word trend of punishment development. as the most serious social harmfulness crime, drug crime greatly threatening the survival and development of human beings, it has become a global puzzle, our country hold the severe punishment manner for the drug crime, but severe punishment have not been correspond with the development of punishment of modern society, deviated from the basic penalty concept of value. In the criminal legislation, the amount is the basis of aggregative penalty, In the judicial application, The amount is the basis of the criterion of measurement of punishment. Therefore the amount of drug crime is closely related to the mitigation of punishment. This thesis analyzes the relation between the the amount of drug crime and the mitigation of punishment, it also studies the mitigation of punishment from the way of the amount of crime.This article consists of 3 parts.The first part: the present state of drug crime and the mitigation of punishment in our country. First, this part, an overview to the mitigation of punishment and the penalty for drug crime in our country. Secondly, introduces the mitigation of punishment on drug crime. last, summarizes features of the mitigation of punishment on drug crime in our country.The second part: the amount of drug crime and the mitigation of punishment. first, it summarizes the amount in the criminal legislation and the criminal judicature. The amount of drug crime include the amount of drug, the amount of precursor chemicals ,the amount of former plants and the amount of former plants seed in our country's criminal law. Secondly, with the basic theories of criminal amount, it analyzes the relation between the amount of drug and allocation of penalty. In the criminal legislation, the amount is the basis of aggregative penalty, In the judicial application, The amount is the basis of the criterion of measurement of punishment. last, the analysis of the amount's hindrance effect on the mitigation of punishment on drug crime. current some irrational knowledge on the amount of drug crime in the criminal legislation and the criminal judicature are important factors which obstruct the mitigation of punishment.The third part: the mitigation of punishment on the amount of drug crime. first, this part demonstrates that the mitigation of punishment on drug crime is necessary from the basic principle of criminal law, criminal policy of temper justice with mercy, characters of drug crime and control drug crime. Next it gives some suggestions for the mitigation of punishment on the amount of crime frame the criminal legislation and the criminal judicature. In the criminal legislation level, on one hand implement the explicitness of the determination on the criteria of the amount, the amount specification should be completed by state legislature. Determine the conversion coefficients for heroin and the new drug. On the other hand, the amount of drug calculations should be based on the drug purity. Whatever the amount of drug crime, it should be determine the content of drug. Drug purity below allowed value is lighter punishment .in the criminal judicature level, on one hand, reconstruct the Principle of integrating the Subject and the object in confirming the amount of the drug, on other hand, and realize Standardization of measurement of punishment on the drug crime. First, determine the norm punishment with the amount of drug crime. Then, regulate the norm punishment with the circumstances of sentencing which reflects personal danger and subjective evil, last, determine the sentenced punishment.