On The Improvement Of The Set Of Our Country’s Drug Criminal Punishment

In nowadays,drug crimes constantly tends to spread all over our country,so it is particularly important to do some research on the criminal legislation for drug-related crimes.Compared to the western countries on the subject of the criminal legislation for drug-related crimes,our country has some defects about the set of criminal pumishment of drug-related crimes.These defects can be listed as follow:inadequacy of the set of the legal punishment; inadequacy of criminal provisions of property punishment; inadequacy of the scope of application of the death penalty should be adjusted; the lack of non-penalty sanctions provisions.The formation of these defects can be broadly attributed to three aspects:belief of severe punishment of drug-related crimes caused by reasons of history and reality; lack of comprehensive capacity on social management; unreasonable set of the penalty caused by the ambiguity of the division of perniciousness concerning drug crimes.It is necessary to improve the set of penalty of drug-related crimes. Combined with the theory about purpose of punishment and the advanced experience of the Western criminal legislation, the improvement of China’s drug-related criminal penalties should carry out with following aspects:First,we must divide the level of social perniciousness concerning drug-related crimes. Penalty must be set following a principle of balanced offense,which means that penalties should be equal to the social perniciousness they cause. It is necessary to divide the level of social perniciousness concerning drug-related crimes before improving the set of penalty of drug-related crimes.Second,we must adjust the scope of the death penalty in drug crimes in order to make the set of the death penalty in drug-related crimes to be in line with the provision of "extremely serious crimes" in the profile of Criminal Law.Third, establish the dominant position of the free sentence in the penalty structure of drug-related crimes. Free sentence has a lot of advantages:having a large range, being flexibile,being able to apply widely, and so on.In drug-related crimes, the most are the ones needed to impose free sentence.Therefore,we should establish the dominant position of the free sentence in the penalty structure of drug-related crimes, avoiding the uncertainty caused by the thought that we can not make sure whethe the light punishment is better than the severe punishment.Fourth, increase the application of the property punishment. Drug-related crime is a kind of money-lured crimes, so we should expand the scope of the confiscation of property and we need to fully use the function of property punishment in these crimes,in order torealize the governance of money-lured crimes.Fifth, improve the set of non-punitive sanctions. There are so many severe crimes,including drug-related crimes,that have less social perniciousness in them. For such crimes,we should learn from foreign advanced experience and use non-punitive sanctions such as education to help them return to society.It is important to point out that the generation and spread of drug-related crimes has profound social reasons.To crack down drug-related crimes,we must set up strict regulation in the criminal legislation,and use effective means of social management to take control of them.The governance of the drug-related crimes is a long process. Only if we push forward the legislative study of drug-related crimes constantly can we provide more effective legal support for the governance of drug-related crimes.