An Empirical Study On The Penalty Application Of Illegal Drug Trafficking

In the practice of justice,the existence of more serious penalties for the crime of illegal possession of drugs is not suitable for the situation,so that the role of the crime of drugs is difficult to fully play.In the case of free torture,there are differences in the understanding and understanding of "serious circumstances",resulting in a large difference in the penalty between similar cases,and even the second level of legal punishment to a certain extent,was fictitious,contrary to sentencing balance and sentencing Request;in the case of fines,due to the implementation of this crime is unlimited fines,given the judge too much discretion,resulting in a serious imbalance between the amount of fines between similar cases,limiting the economic means to control the effective functioning of drugs.In order to clarify the current situation of the crime of illegal possession of drugs and promote the standardization of the application of the crime,the article selected a total of 1383 of the seven major areas of the ruling has been in force as a jurisprudence sample,the use of SPSS software to quantify the sample statistics,The reality of the crime in the application of the existing problems,and based on the results of data analysis to improve the recommendations to achieve the balance of sentencing and impartiality.The full text is divided into five parts,about 4.2 million words.The first part,the basic situation.This part first introduces the present situation of drug flooding and the application of penalty,analyzes the research background,then makes clear the research content of the article,then introduces the research method used in the article,and finally focuses on the selection of sample provinces,Sources and sampling methods,sample statistics items to be described.The second part,the basic situation of the application of the crime of illegal possession of drugs.This part uses the statistical analysis function of SPSS to quantitatively analyze the application status of the free penalty and the fine penalty from the aspects of the overall situation and the regional difference respectively.Through the statistical data,the difference between the punishment and the penalty is explained by the statistical data.The third part,the factors that affect the penalty discretion considerations.This part mainly analyzes the factors that affect the discretion of the crime from the aspects of the number of drugs and the sentencing circumstances.Firstly,the regression analysis and correlation analysis of SPSS were used to analyze the correspondence between the number of drugs and the free penalty and the fine penalty,which indicated that the number of drugs had a significant effect on the application of the penalty.Secondly,we use SPSS cross-table analysis and multiple response analysis to analyze the relationship between the common sentencing plot and the free penalty and the fine penalty,which shows that the sentencing situation plays a certain role in the free punishment,but The effect of the adjustment of the amount of fines was artificially neglected.The fourth part,the crime of illegal possession of drugs in the application of the problem and the reasons for the analysis.This part mainly summarizes the practical problems existing in the judicial practice from three aspects: the free penalty is not balanced,the penalty is not standardized,and the sentencing circumstances are not applicable.Summarize and analyze the underlying causes of these problems.The fifth part of the crime of illegal possession of drugs to improve the application of the penalty.This part mainly focuses on the practical problems existing in the application of the crime,and takes the statistical data of the jurisprudence samples as the basis for the general law of the application of the free penalty,the penalty and the sentencing to the judge in the judicial trial.As the basis,from the beginning of the sentencing of free punishment,sentencing sentencing starting point and the common application of the provisions of the standard of sentencing to improve the three views to promote the crime of illegal possession of drugs sentencing standardization.