On The Criminal Penalty Applying To Drug Crime

Drug is extremely harmful to our society and drug crimes are increasingly rampant. so National criminal law on drug crimes were given a severe blow, In comparison, China's crack down on drug crime is even worse, its laws'severity can be used draconian "law" to depict in the summary. Their performance exists in two aspects: First, legislatively, the income threshold for crime is comparatively low, combating a wide range of the penalty severe; Second, in the judicial practice, pay more attention to the severity and speed, the standard is not unified, attaching importance to a conviction, neglecting sentence. As can be seen, in terms of legislation or practice, with a strong emotional color, it can be said to deviate from the rational path. Prior to amending and changing the existing legislation, this article intends to explore, in the judicial practice, how,under criminal law and criminal law theory, combined with today's trend of penalty, giving full consideration to the various circumstances of drug-related crimes, to make drug-related crimes penalties for the crime proportionate and balanced. This paper is divided into five sections:Part One:An overview of drug criminal penalties. Introduced the feature of application of penalties for drug crimes in the legislation and judicial practice, and the advantages and disadvantages of applicability of penalties.Part Two:The relationship between drug's quantity, purity and the level of penalties. This section first reviewed the sentencing provisions on the relationship between drug's quantity and the level of penalties,pointing out the size of the quantity of drugs responses to the size of the social harm, and directly determines the level of penalties. Then, explored the relationship between drug purity and the level of penalties pointing out that without considering the purity of drugs it is contrary to the principle of proportionality. Conclusion is that the quantity of drugs should be a certain amount of purity. This section also puts forward my own humble opinion on conversion of different types of drug quantities.Part Three:Part III, special circumstances and sentencing. First is an entrapment of the police and accomplice and sentencing. Entrapment of the police does not have legitimacy, but in the case the criminal should still be held criminally liable, and the plot should serve as a sentencing consideration. In the study of drugs an drug crime accomplice and sentencing issues, discusses the composition and scope of drug accomplice, removing the situations which do not constitute complicity. For the issue of sentencing of accomplice , proposed general principles based on the relevant provisions of the Penal Code, referring to principal as a standard sentencing patterns. The second is "special repeat offenders" and the sentencing. In this discussion of the provisions of the Criminal Law 356, pointing out the contradictions which provides that the number of offenses should be based on recidivism and recidivism elements dealt with separately. Third, turned him in after committing a crime plot and meritorious service and other penalties, expand surrender, meritorious service range. Four,the penalty application of drug trafficking to different objects. Trafficking in drugs to different objects is believed to have different levels of subjective sin; its punishment should be differentiated.Part Four:The idea of balanced drug-related criminal penalties. This section analyzes three aspects of the idea of a balanced drug-related criminal sentencing: First is to play a drug trafficking crime of sentencing rules of radiation effect; second is to develop sentencing guidelines; third is to strengthen the guidance of typical cases.Part Five:The death penalty for drug crime problems. This part has done a brief analysis of the view of the theories of the death penalty abolished and the death penalty kept and the death penalty restricted, pointing out whether the death penalty's restrictions or abolition or existence in China is in fact the application of theory of the death penalty, for the boundaries between them are not clear. This paper deems the death penalty should not be applied in the right drug-related crimes, putting forward their own reasons.