On The Limitation Of Death Penalty Applying To Drug Crime

Drug crime is one of the cancer of human society and harms the development of human society from beginning to end.As is known to all,drug crime not only harms the health of public but also destroys normal economic order of the country.There is a deep effect in the drug crime in our country,after Chinese reform and opening,with the development of socialist market economy,the number of criminals and drug crime cases are increasing and the new types of drugs appear constantly.All of these are endangering citizens' physical and mental health and social stability,adding many unstable factors to the community.Our country has been to crack down on drug crime severely,in recent years,the heavy penalty rate of drug crime is higher than that of ordinary criminal crime.Our country retains the death penalty for drug crime and the death penalty is often to be applied.Offenders who meet the conditions of the death penalty are sentenced to death resolutely,but the reality proves that death penalty did not obtain good social effect,drug crime is still spreading.Abolition of the death penalty is a trend all over the world,many countries make efforts to the abolition of death penalty.Meanwhile,the Amendment to the Criminal Law 8 and the Amendment to the Criminal Law 9 cancel a portion of the death penalty but have retained the death penalty for drug crime.Facing the serious situation of drug crime,it is significant to discuss about the death penalty of drug crime and rise the via to limit the death penalty application of drug crime.This paper is based on our country's criminal law,the new judicial interpretation on drug crime,drug crime meeting minutes and the situation of our country present stage of drug crime.It is combined with Chinese national conditions,discuss the reasons of drug crime in our country and the death penalty application for drug crime,explored the ways which can limit the death penalty for drug crime.This paper is divided into four parts,the first part introduces the basic criminal theory of drug crime,This part mainly expounds the basic problem of drug crime and the history of drug crime legal system evolution.The second part introduces the problems and source of the death penalty application for drug crime in our country.This part analyzes the problems that exist in the death penalty for drug crime,and analyzes the root causes of problems.The third part explains the reasons of limiting death penalty application for drug crime in China.This part is combined with the present situation of drug crime in China,the relevant legislation and deeply expounds the reasons of limiting death penalty for drug crime in our country from the perspective of legal theory and the traditional culture.The fourth part introduces the realistic ways for limiting death penalty application for drug crime in our country.This part is combined with our country's criminal legislation and the new judicial interpretation on drug crime,the content of the drug crime meeting minutes,put forward the specific measures to limit death penalty application,explore a new way to curb drug crime.