A Study On The Application Of Death Penalty In Drug Crimes

As a serious crime with social harmfulness, Drug related crimes which all countries (regions) in the world severely crack down on. Many countries (regions) even use the death penalty to punish heinous crimes of drug criminals at the expense of "under the pain killer". But as the development of the world’s human rights cause and the criminal policy of Cautious Punishment, kill fewer and kill carefully implemented actively in China recent years, the concept of human rights continue popular, and the reform of death penalty system has made substantial breakthroughs. Along with the introduction of "Criminal Law Amendment (nine)", our country in nearly four years has gradually abolished the death penalty on charges of 22, accounting for nearly one-third of the original total number of death penalty. But at the same time we think there are still problems while we get achievements.First, China’s current Criminal Law 347 retains the death penalty of the smuggling, trafficking, transporting and manufacturing drugs crime, and did not repeal trend.although the drug crime endanger the health of citizens, depress willpower and also likely lead to secondary crimes causing public order disturbance and other issues, after all, do not cause injuries life and serious injury. Instead, drug users are illegal. Penalties in Criminal Law setting on drug-related crimes can be described as particularly harsh, low threshold of incrimination and wide range of combat. I think it’s debatable to implement death penalty on less harmful drug transportation to highlight the role of prevention in general criminal law.Secondly, judicial practice consistently pursued fast and severely policies with no uniform standard of sentence. The rate of applying death penalty in drug-related crimes accounting for almost half of the total number of death penalty implementation every year in China is the highest. But such a severe penalty have little effect do not meet the original intention of the punishment of offense. Curbing drug-related crime also need to make full research on various drug crime plot, so that the applying of drug crime penalty is variable according to the crime. Finally, with the traditional think of severe punishment, public who lack of human rights concepts opinion exhibited irrational characteristics on the abolition of the death penalty, which resulted in a certain degree of restriction barriers to abolish the death penalty.In view of the fact that fully abolishing the death penalty is not real at the short term and of drug crime and the fact that our country is constantly abolishing the death penalty in the manner of the Criminal Law Amendment, the writer analyze the problems in the applying of death penalty. I think it was still aggressive to abolish the death penalty in drug crime legislation. The best policy is to use the judicial practice and public opinion to restrict and reduce the death penalty on the basis of reducing the capital charge.This paper is divided into five parts:Part one:To introduce research value, research status, research route and meth-odology about the application of the drug crime death penalty.Part two:This part introduces application of the drug-related crimes death penalty and historical changes of drug-related crime death penalty system since the establishment of China, which summed up the characteristics of drug-related crimes death penalty on the configuration in recent years and the legislation on the judicial application.Part three:To reflect the current situation of application to drug crime death penalty and the effect on crime prevention, draw experience in drug-related crimes death penalty applies from international anti-drug conventions, Hong Kong, Macao, Taiwan and foreign criminal law to make the further exploration of the value of reform on drug crime death penalty to make up for deficiencies of drug-related crime law.Part four:I analyze and elaborate the available theoretical foundation about restriction on drug-related crimes death penalty of our country. From the following aspects:To review the necessity of restrictions on Drug Crime and death penalty from the perspective on the inevitable requirement on the fulfillment of international human rights law and international convention. To review the necessity of restriction and abolishment on non-violent crimes from the perspective on the principle of suiting punishment to crime; To review the legitimacy of restriction and abolishment on the death penalty for drug-related crimes from the perspective on the preventive and retribution theory; To elaborate the possibility of restrictions and abolishment on drug-related crimes from the perspective on the decline demonstrated by the deterrent force of the death penalty; To elaborate the feasibility of restriction and abolishment on drug crime from the perspective on the heniency with severity Policy. Since the rationality of the theory succumbs to the cruel reality of crime, there is also real obstacle which exists on the limitation and abolishment on drug-related crimes. I will make a comprehensive summary from the legislative level, judicial level and social level.Part five:According to the current situation of drug-related crimes of our country, I propose the theoretical conception of restriction and abolishment on drug-related crimes death penalty suitable for China in the present. Specifically given current reality that the conditions of completing abolish the drug crime death penalty from the legislative are not yet ripe while reserve the drug-related crime death penalty. We should make an active hunt for alternatives to the death penalty and reduce application of death penalty so that gradually reduce drug crime charges. Our country should strictly restrict applicable conditions of death penalty on drug crime from judiciary and gradually set aside death sentence. At the same time we should build popular basis of the abolishment on death penalty from guiding the public make rational knowledge on the role of the death penalty against drug crime.