The Research On The Limitation Of Death Penalty For Drug-related Crimes

Chinese nation been plagued by drug-related crime for a long history, anddrug-related crime has become a global problem in the contemporary world. Allcountries over the world have been engaged to struggle with drug-related crimesfiercely, but the drug-related crimes is becoming intensified. Drug-related crimesdamage our social order and economic development and the drug is harmful to thesociety extremely.Drug-related crimes has been the crackdown on forms of crime inChina. Nowadays, most countries abroad have abolished the death penalty or at leastlimited the application of the death penalty, however, in China, the death penalty fordrug crimes is in use now, meanwhile Chinese begin to reflect on the face of theinternational trend to limit the death penalty. In this paper legislative and judicialsituation of death penalty for drug-related crime in China have been investigated, andcompared with related legislation and judicial abroad and elaborate the point of viewof limiting the death penalty on drug-related crimes.This paper includes five parts: First, from our drug crimes of the death penaltywith the legislative process in China, analyse the social environment and historicalorigins of drug-related crimes configuration of the death penalty from China, and thenelaborate on the legislative current condition of drug-related crimes and judicial status,then compare with foreign legislative and judicial status, and expounded on Chineselegislative and judicial situation severely punishment, on this basis, analyse thecausation of drug crimes of death penalty in detail, it shall be restricted to mainlycaused by severe criminal policy guidance, irrational drug-related crimes standardapplicable death penalty, high on the legal punishment prescribed by the drugtransporter and contempt discretionary lighter punishment fits the crime. And then itis about the consideration of the limitation of death penalty for drug crimes.Combining with the spirit of protection of human rights and limitation of the death penalty today, we come to the conclusion that the purpose contrary to the conclusionsdrawn to death and set the penalty, and also contrary to the benefit principle andprinciple of necessity. Finally, based on our national conditions and catering to theinternational standard, some ideas for legislation and judicial practices are putforward in this part, the limitation of the death penalty on drug-related crimes areelaborated detailed, to limit the death penalty on drug-related crime is the basic trendin the development of the world in the area of criminal work, the harm of drug-relatedcrimes as serious forms of crime to the people of the world is really serious, but thedrug crimes, it as a non-violent economic crime, it is needed to limit the death penalty,otherwise,it will contrary to the fundamental value of the punishment and unfavorableto protect human rights, and hurt the common people. Therefor it is irrational, it willlead to many negative consequences. In the specific legal status and social economicenvironment of China, restrictions on the death penalty for drug crimes can besummarized in the following points: in the first place, in the legislative, drug purityand the number of drugs should be common as a drug crime sentencing standards;secondly, to strictly limit the death penalty acts of drug trafficking. Finally, to lowdown the range of the statutory minimum sentence in drug crimes. On judicial, in thefirst place, it need to clarify the distinction between accomplishment forms andattempted form of drug trafficking behavior, transportation and manufacturing drugsbehavior; secondly, we should pay enough attention to the role of discretionarysentencing in drug crimes, and make full use of the reprieve system, reduce theimmediate execution of a death penalty utilization rate. Finally, pay attention toimprove the regulation and the execution of the punishment of property.In international environment with human rights be guaranted, to limit the drugcrime death penalty have important practical significance in China. This papercombining theory with practice, analysis and elaboration on the drug-related crimes tothe death penalty restrictions which provide some theoretical basis to limit the deathpenalty for drug crimes.