An Empirical Study On The Application Of Death Penalty For Drug Crime

In the juridical practice, China advocates to crack down on the criminal policy of drug crime, for which death penalty took up a large proportion of total death penalties. Because of the defects in the judicial standard of the application of death penalty for drug crime, there are many disagreements and disputes leading to the chaos and inconsistency in the application of death penalty. By analyzing typical cases to summarize the main causes of disagreements and disputes, then here we can see: the quantity standard of death crime is not uniform or sure; the method of quantity and circumstance for sentencing is over-principled; the unspecified quantity of drugs in the legislation need to be converted according to purity; the division of accomplished and attempted crime is inexact; the relationship between statuary circumstances for sentencing is not straightened out; the ways of applying the death penalty in joint offence is inaccurate and so on. In order to fulfill the unified and equitable application of death penalty, I expound how to apply the death penalty in drug crime through empirical study、comparative study etc. Here are results below: it should establish a unified quantity standard and a premise of the application of the death penalty; it needs to convert the purity of the quantity of drugs that criminals involved in, and measure the quantity of drugs scientifically and accurately; it ought to embody the provision of the quantity and circumstance and normalize the method of application of death penalty; it is supposed to straighten out the relationship between the statuary circumstances for sentencing and application of death penalty, and correctly recognize the impact of various statuary circumstances for sentencing to death penalty; it should accurately divide the accomplished and attempted crime, preventing the expansion of application of death penalty; it must distinguish the position and function of accomplice exactly, applying the death penalty for each accomplice correctly. On the basis of the comprehensive discussion of drug crime on how to apply the death penalty, I rethink the application of death penalty for drug crime, proposing a judicial concept that should be established for the application of death penalty and some aspects that need to be perfected and improved in judicial practice, so as to achieve the purpose of limiting and reducing the application of death penalty for drug crime. This article apprehensively discusses the basic method and judicial concept of the application of death penalty for drug crime to provide a reference to ensure its unified and equitable application, and has a thought about how to limit and reduce the application of death penalty for drug crime.