The Death Penalty For Drug Offenses Applies

Recently, the drug crimes proportion is growing. In the specific case of drug-related crime, the defendant’s criminal act, criminal means more hidden higher content of science and technology, the quantity of crime is more. Chinese current criminal code of drug crime sentencing starting point is 50 grams, while the practical number of drug crimes is far greater than this, especially the number of methamphetamine drug crimes often hundreds of grams. Adjusting the penalty strategy how to scientific, accurate, effective, according to the actual situation to perfect the legislation, especially the application of the death penalty is precisely the judicial practice requirements of legislation on the most urgent realistic.Specification for the supply channel legislative rules established is the embodiment of practice, reason is not only China is a written law country, also by the practice of philosophy based on reaction legislative decision. How can better in the standard framework of justice, to deal with new problems and social development problems arise, is an objective reality. When solving this kind of problems we should implement the existing provisions in accordance with the law, in the implementation of the provisions of the process, found the rule and the objective fact, occur between the different cases and sentencing issues or encountered confusion, should also reflect on the phenomenon and problems, and in accordance with the law in the premise of justice under the first to find a solution. This article from the specific cases in judicial practice on the problems of relatively obvious starting, together with the death penalty cases case analysis, may the death penalty for drug cases of crime, sentencing concrete are expounded, and finally deduces the problems. The application of case study method is a good way to practice the theory. To use a typical case study of criminal law, can be more firmly grasp the theory of criminal law, also can validate the theory of criminal law, but also through the complex case to the development of criminal law theory, the criminal law scholars of difficult cases often makes a new interpretation of the provisions of the criminal law. This article take the case as the breakthrough point to carry on the elaboration, in order to Chinese drug crime, especially the application of death penalty cases may provide route and mode for reference.