On The Abolition Of Death Penalty For Transportation Drugs

Drug has become one of the greatest social effects of pollution and drug issue is a worldwide problem in the world. Has experienced the early stage of the founding of the fight against regulation, China became a "non toxic country".However,as the reform and opening up, the country open, foreign drugs into China, then followed by the drug problem the resurgence and intensified. In order to curb the spread of drugs of the trend, the criminal law of the People’s Republic of China on crime of transporting drugs set up to a maximum of death penalty and severely punished. But the drug problem has not been alleviated. As one of the most severe punishment, death penalty can be deprived of life, its cruelty is self-evident. The death penalty for a period of time once played a part in maintaining social order, but since the late 18 th century, humanitarian concept is deeply rooted in the hearts of the people, limitations and shortcomings of the death penalty is apparent, the idea of abolishing the death penalty is then proposed and accepted by more people. From a global perspective, the abolition of the death penalty from the legislative and judicial practice increased the number of countries to abolish the death penalty became more and more, the world has 142 countries abolished or does not apply the death penalty. In recent years, the Chinese law of our country has also been canceled a total of 22 counts of death penalty, has taken a big step for the abolition of the death penalty. Drug related crimes as typical non violent crime and crime of transporting drugs and the drug crime set up the death penalty charges, the crime with the lightest social harm, subjective malignant lower a, not suitable for smuggling, trafficking and manufacturing drugs, etc. the source set the same maximum punishment. This article from the current situation of transportation drug charges applicable at present, and combining with the personal practice in drug control, analysis of the legislature to keep transport drug crime death penalty purpose, adapted from the crime punishment principle and protection of human rights perspective the charges set the death penalty is excessive, finally combining with some international practices, and puts forward suggestions on transport drug abolish death penalty in China...