Research On The Death Penalty Pplication For Drug Crime

With the progress of human civilization and the development of humannature, idea of guarantee of human rights has been deeply rooted in people’shearts, all the countries in the world are moving towards the mitigation ofpenalty, death penalty which deprives of life is being expelled from themodern penalty system gradually. Meanwhile, death penalty which limitsand abolishes drug crime has become the trend of international reform onthe system of criminal law.In China, due to the need of fighting against drug crime in reality aswell as the influence of traditional culture, the current criminal law stillkeeps death penalty as one of the methods for drug crime. According tostatistics, the number of China’s death penalty application for drug crimeaccounts for almost half of all death penalty cases, topping all the deathpenalty charges. However, this severe punishment has not stop the spread ofdrug crime, the momentum of which remains rampant. In fact, using deathpenalty to control the drug crime turns out not that ideal. Therefore, analysisand settlement for the existing problems has urgent practical significant.Through reflecting profoundly on the current condition and problems of China’s death penalty application for drug crime and combining ourcountry’s present situation and reality, the paper proposes that activelyfocusing on the judicial control and strictly limiting death penaltyapplication for drug crime in the framework of the legislation is the bestrealistic choice at present.This paper is divided into four parts, the first part: the development andcurrent situation of death penalty for drug crime. This part mainly introduceslegislative evolution of China’s death penalty application for drug crime andrelevant provisions overseas, by comparison it comes to the conclusion thatthe international criminal law does not support applying death penalty topunish drug crimes, which apparently means China’s attitude runs counter tothe general direction of international criminal law.The second part: the profound thinking of death penalty application fordrug crime in our country. This part mainly aims at the excess of deathpenalty application for drug crime, which is the current situation in China,and deeply analyzes causes of this phenomenon and outstanding problemsfound in the application.The third part: reasons for limiting death penalty application for drugcrime in China. This part analyzes the system of death penalty for drugcrime in China, then comes to the conclusion that the legal exist of it isinevitable in a short time. Under this premise, measures must be taken tolimit the application.The fourth part: concrete measures to limit the death penaltyapplication for drug crime in China. Based on the present situation, theauthor mainly discusses about controlling the legislation and criminal policyof death penalty application for drug crime strictly, unifying the principle of legality and the principle of adaptation, playing the role of the reprievesystem of death penalty and paying close attention to social effect, andcombines these four angles to propose specific measures of restricting deathpenalty application for drug crime.