A Study On The Death Penalty For Drug Crime

With the progress of human civilization, the concept of protection of human rights deeply rooted among the countries in the world in the direction toward the development of Moderating penalty, restriction.Abolition of the death penalty for drug-related crime has become an international trend in the reform of the criminal justice system. While the other hand, our country, not only in their configuration of the death penalty, but also in the national death row inmates, the proportion of drug-related crimes the death penalty is the highest. Meanwhile, the death penalty for drug-related crimes are still increasing trend. As a result, the death penalty for drug-related crime problems in application of the analysis and solution.We need to explore not only theoretical, but also has a special and urgent practical significance.In this paper, an overview of drug-related crimes the death penalty around the world on the basis of the application of a profound reflection on the death penalty for drug-related crimes in China's current situation and existing problems, combined with our national conditions and reality of the situation, demonstrating China's restrictions on the death penalty for drug-related crimes the necessity and feasibility.This paper is divided into three parts, Part I:evolution of China's drug-related crimes the death penalty legislation with extraterritorial investigation. In this section an overview of the evolution of China's drug-related crimes the death penalty legislation, foreign drug-related crimes on the basis of the death penalty applies, highlighting the penalties for drug crimes in China and Western countries, the different configurations. First, most Western countries, penalties for drug-related crimes to configure the model tend to moderating trend penalty for drug-related crimes to configure the death penalty much less than the death penalty is not configured. Second, China and Southeast Asia countries such as penalties for drug-related crimes configuration model is presented and the heavy emphasis on the application of the death penalty.Tends to the amount of drugs or certain acts, as well as the direct application of the death penalty as a standard, leading to the death penalty and long prison sentences applicable to high.Part II:China's death penalty for drug-related crimes in question. The some of the major drug-related crimes against our country the death penalty for the number of high, sustained growth in the proportion of the status of China's profound reflection on the death penalty for drug-related crimes too many reasons. First, the drug-related crimes take too harsh criminal policy. Second, the death penalty for drug-related crimes unreasonable standards. Third, drug-related crimes transporters excessive application of capital punishment. Fourth, the emphasis was on the discretion of the aggravating circumstances of the application of sentencing. Fifth, special conditions to lure abuse.Part III:the death penalty for drug-related criminal restrictions. On the one hand, clarify the limits of China's drug-related crimes need to apply the death penalty. Drug-related crimes since the abolition of the death penalty in line with China's "less cautious kill kill" criminal policy, and comply with the rule of law in the world trend. First, our Constitution explicitly provides for protection of human rights, the public concept of human rights and gradually increase. Second, the death penalty for drug-related crimes ineffective, and get rid of the death penalty deterrence superstitions. Third, the international obligations under the Convention requirements. On the other hand, in our legislation has not yet abolished the death penalty for drug-related crimes at this stage, an inevitable choice for the administration of justice the death penalty is to restrict the application of drug-related crimes,Primarily through the following aspects of regulation. First, to eliminate the death penalty applies only on the amount of impact. Second, part of the plot statutory discretionary sentencing. Third, the establishment of special circumstances to lure the regulatory mechanisms. Fourth, establish a light punishment careful criminal justice philosophy.