Abolition Of The Death Penalty Drug Offenses

With the continuous improvement in the overall situation of social security and the continuous development of domestic human rights movement, light punishment has become an important development direction of China’s criminal law, the death penalty is an important manifestation charges shrinking. Our established gradually reduce the death penalty reforms charges applicable guidelines. The abolition of the death penalty on charges of first non-violent crime from the beginning, one of the non-violent drug offenses as a crime, because of its non-victim, not a direct violation of civil rights, etc., does not comply with the provisions of the Criminal Code offenses of the most serious penalty applicable conditions. In the context of drug offenses applicable high death rate of drug-related crime is an important step in the abolition of the death penalty reform the death penalty system in China to further advance forward.In the process of writing article, from social practice and legal facts, collected a large number of drug-related crime Death Penalty empirical data and social research report, essay writing writing material provides a wealth of analysis and theoretical foundation. At the same time, research methods of comparative law, the death penalty regulation in the general process of the abolition of the death penalty around the world, the production of drug-related crimes more detailed research foundation, from five angles on the grounds of the death penalty abolition of drug-related crimes and drug-related crimes demonstrate abolition of the death penalty made concrete and feasible proposals. This paper is divided into five parts:The first part mainly explains the value and significance of the abolition of the death penalty drug-related crime. The abolition of death penalty abolition important role in the process of drug-related crimes and drug-related crimes from death penalty abolition of the death penalty protection for the important role of human rights to be an analysis of the value of drug-related crime abolish the death penalty, the abolition of the death penalty in order to obtain drug-related crimes has a strong necessity.The second part of the Supreme Court of drug-related crimes to death immediately Empirical Analysis of the Yunnan Provincial Higher Court decisions and suspended sentences, revealing the main problem of drug-related crimes as well as the application of the death penalty applies during the Present:the high rate of death penalty application in drug crime, the death penalty for drug offenses in transport apply excessive drug crime, and pointed out the reasons behind it.The third part of the abolition of the death penalty for drug crimes main argument part, from protection of human rights theory, the purpose of punishment theory, the theory of penal justice, criminal law Mitigation theory, utilitarianism five angles on the grounds of drug-related crimes abolition of the death penalty to demonstrate, draw drug-related crimes in line with the general principles of criminal law repealing the death penalty, has a more adequate theoretical support.The fourth part is the abolition of the death penalty for drug-related crimes are a major obstacle to analysis and appraisal. He pointed out that the public’s rising crime rate and drug resistance is face to face two major obstacles faced by drug-related crime abolish the death penalty, and one by one analysis, demonstration. The fifth part of the process of reform and development combined with the death penalty, the abolition of the death penalty for drug-related crimes has made a science of forecasting process and discussed, and drug-related crime and drug-related crimes abolition of the death penalty legal regulations made concrete and feasible proposals.In summary, this paper empirical analysis and comparative studies of drug-related crimes to the death penalty abolition of value, as well as major obstacles grounds made a comprehensive analysis of both the legislative and judicial point of view and our proposed abolition of the death penalty drug crime concrete and feasible proposals to abolish the death penalty study of drug-related crime has a certain theoretical and practical significance.