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Some Thoughts On Drug-related Crimes And The Death Penalty Applicable

Posted on:2012-06-10Degree:MasterType:Thesis
Country:ChinaCandidate:S H ZhengFull Text:PDF
GTID:2206330338491632Subject:Law
Abstract/Summary:PDF Full Text Request
Narcotics is the opium, the heroin, the methyl benzedrine(methamphetamine hydrochloride), the morphine, the hemp, the cocaine as well as the country stipulated that the control other can cause the human form to become addicted to the hobby the narcotic and the energetic drugs . We divide the narcotics may into the narcotic and the energetic drugs ,the narcotic including the opium class, the big hemp, the synthesis class and so on ;The energetic drugs including suppress the kind, the stimulant, the hallucinogen and so on . In recent years, each kind of new synthetic drugs as well as the narcotic variety unceasingly was appearing, we must act according to the legal rule strict assurance narcotics the essence, delimits narcotic the boundary. The narcotics have the addictive nature, the toxicity and illegal. The addictive nature is the basic drug characteristic, namely the dependence, including physiological aspect and psychological aspect addiction hobby; the toxicity is refers to the narcotics to harm human body, causes the human to die finally; illegal is refers to when violates the national related stipulation, smuggling, the transportation, trades, makes this kind of drugs or other illegal activities can call that it is narcotics, otherwise belongs to the strict control drugs.The drug-related crime is refers to violates the suppressing drug laws, destruction suppressing drug control, should receive the behavior which the penalty punishes, it is an international crime. Drug-related crime's criminal object is mainly the social management order, but also possibly encroaches upon many law profits, the subjective aspect must be intentionally.During the early days of liberation, there was no drug-related crime in our country. After reform and open policy, resurged in our country, and because of many reasons, our country drug-related crime situation is quite at present stern. Our country drug-related crime penalty's history evolves is also a long-term process. The crime is not an economic crime, but is an independent crime. Drug-related crime's harm is extremely serious.The death penalty is continuously the ancient capital punishment. Along with the human rights understanding's unceasing deepening, abolishes the death penalty to be the historical inevitable trend, but now our country has not had abolishes death penalty's condition completely, drug-related crime's death penalty is suitable is also so. The death penalty is not only with the drug-related crime struggle's realistic need, also conforms to the retribution principle, utilitarianism and the equivalent standard. The death penalty is important, but is not multi-purpose. We must implement the corresponding principle, strictly according to standard, to achieve death penalty's being suitable maximum limit, the greatest degree's display death penalty's effect, and to obtain the comprehensive containment drug-related crime the final goal.
Keywords/Search Tags:Narcotics, Drug-related crime, Death penalty, Limit
PDF Full Text Request
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