A Study On The Death Penalty For Drug Crime

Drug crime is a serious prejudice to the criminal acts of management of socialorder. In judicial practice, the courts tend to put heavier punishment on drug crime, asa result, higher penalty suitable rate will inevitably lead to the increase on the numberof death penalty for drug crimes. So the death penalty for drug crimes is higher thanother crimes. The main line of this article is to limit the death penalty for drug-relatedcrimes. On this basis, I sort out the legislation of the death penalty for drug crimes andthe circumstances of sentencing, carry on an empirical analysis for the two partsmentioned above, and then I point out the inadequacy of the domestic standards on thedeath penalty for drug crimes legislation and the using of the circumstances ofsentencing. Finally, I point out the way to limit the death penalty for drug crimes, thatis, increasing the number standards, considering both drug numbers and othercircumstances of sentencing and establishing applicable death penalty sentencing plotlevel and applicable rules.This article is divided into three parts, about28000characters.The first part, the legislation of the death penalty for drug crimes and thecircumstances of sentencing: At this part, one the one hand, I sort out the legislationof the standard of death penalty for drug crimes and point out the five kinds ofsituations of death penalty for drug crimes; one the other hand, I sort out thelegislation of the circumstances of sentencing, one the point of the statutorycircumstances of sentencing and discretionary circumstances of sentencing.The second part, the empirical analysis of sentencing: According to thedrug-related crimes death penalty case, first, I analyze the five kinds of situations ofdeath penalty for drug crimes and then I sum up several common drug-relatedcircumstances of sentencing in judicial practice. The statutory circumstances ofsentencing include drug recidivism, surrender and meritorious service and Jointcriminal. Discretionary circumstances of sentencing includes drug purity, specialcircumstances involved, transporting drugs by employed and so on.The third part, the problems and improvement on the death penalty for drugcrimes: I point out the main problems of the death penalty for drug crimes through theanalysis of China’s current laws about the standards of the death penalty for drugcrimes and the circumstances of sentencing, those include the lower drug number, theso-called “only the number considered” matter and the confusion of the circumstances of sentencing using. On that basis, I put forward a sound proposal: first, increase thenumber standards and increase the minimum number of heroin or methamphetamineto1000grams; second, consider both drug numbers and other circumstances ofsentencing; and third, establish applicable death penalty sentencing plot level andapplicable rules. The circumstances of sentencing will be divided into different leveland the conflicts and competing of the sentencing issues will be handled in proper.