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Study On The Abolition Of The Death Penalty For Drug Offences

Posted on:2018-12-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y X WangFull Text:PDF
GTID:2346330533460892Subject:Law
Abstract/Summary:PDF Full Text Request
Drug offenses is a heavy topic no matter in China or in the world.Drug offenses concerns National security,national rise and fall and the people's happiness.Through the ages,no matter the state or people pin their hope on death penalty to control the spread of drug offenses,but it is against the trend of abolition of drug offenses in the international community.Currently,The international community is opposed to the application of the death penalty for drug offenses.The major countries of the world are also in line with the trend of the abolition of death penalty for drug offenses,who do not agree with the effectiveness of death penalty for drug offenses in the regulation of drug crime.IHRA once published a research report,which groups the countries below into three main categories,based upon state practice in implementing the death sentences provided for legislation.The three categories include symbolic commitment,low commitment and high commitment.China is one of the countries with higher rates of application for the death penalty for drug offenses.In our country,The death penalty for drug offenses has experienced the process that from scratch and from strengthen applying to restrict applying.The application standard of death penalty is becoming more and more clear,and the application standard is becoming more and more strict,which shows the prudent attitude of applying death penalty for drug crime.From the macroscopic view,the application of the death penalty for drug offenses is not only the performance which treat criminals as human beings,but also a infringment of the right to life,so we think it is not in line with the humanitarian spirit;From the microscopic view,Because drug crime is non-violent crime,no victim crime so it is not a crime of extremely serious crimes,we believe that the abolition of drug crime death is justified.China has signed the Civil Rights and Political Rights Convention since 1998 and is actively preparing for the approval and implementation.The death penalty reform is an inevitable topic in improving the process of human rights in China.The abolition of the crime of drug abusers is the required process of expanding the death penalty.In fact,because of the application of a single standard,no distinction between different drug crime differences,and the "anti-drug" policy,the application of death penalty for drug offenses failed to be effectively controlled.On the way of death penalty reform,It is necessary that consider the obstacles including reality,concept of historical and the existing system,meanwhile,It is also indispensable that take the impact of public opinion into account.To this end,It is imperative that take full advantage of the reprive system of death penalty,reduce the application of the death penalty in judicial practice,through the improvement of life imprisonment,property punishment to further optimize the penalty system,improve the legislation,and Moderately guide public opinion.It is worth noting that drug crime will not disappear after the abolition of the death penalty for drug offenses,so we should scientifically manage and control crime.specifically,for reducing the crime,we must maintain the government's enforcement of drug offenses,strengthen anti-drug prevention education and reduce the demand for drugs.
Keywords/Search Tags:drug offenses, the abolition of death penalty, the basis of abolition, obstacles, measures
PDF Full Text Request
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