Study On The Legitimacy Of The Statutory Penalty Of Drug Crime

Drug crime is the common problem faced by the whole world,the drug crime is furious in China,the criminal penalty attitude of “severe punishment on drug crime” occupies an important position in the lawmaking on drug crime to some extent,wherein,the most obvious presentation is criminalization and aggravated penalty in Criminal Law.Therefore,the paper tends to discuss on the allocation of statutory sentence for drug crime,compares and refers to the criminal penalty attitude on overseas drug crimes and the applicable modes for criminal penalty,observe the basic principle of the allocation of statutory sentence,and put forward opinions aiming at the questions in allocation of statutory sentence for drug crime.At present,the allocation of statutory sentence for drug crime in China exists with the prominent questions such as many death penalties and unbalance between crime and penalty,which is because the “severe punishment on drug crime” policy inherits the legal culture tradition of Chinese doctrine of severe punishment to some extent,and because of historical reasons,we exaggerate the harm of drugs to society to a certain extent,besides,the understanding on the hazards from drugs is unilateral and the idea that the drug crime is the most severe crime not inferior to violent crimes exists,meanwhile,the essence of potential damage offense in drug crimes is neglected.While,from the perspective of overseas countries,the Anglo-American Legal System including the countries and regions such as America,England and Hong Kong,choose to reduce the standard of crime affirmation to make the legal net tight instead of applying severe punishment as well as pay attention to strike the illegal activities extended by drug crime and implement series of related legislation.Wherein,the “strict inspection and arresting,tolerant punishment” criminal penalty methods and practical experience are worthy to be referred.The Continental Law system including Germany,Japan and Taiwan adopt the comprehensive management mode to not only punish the criminal behaviors but also set the scope of narcotic drugs and users as well as make precautions and treatment measures to assist in the governance modes to make some contributions in anti-drug work.Though the prohibition scope is constantly enlarging,the criminal penalty is not severe.In the judicial implementation process,adopt light criminal penalty.The value on the precautions cooperated with the policy of light criminal penalty is beneficial for us too.In order to perfect the allocation of statutory sentence,it is needed to observe the basic principle of balance between crime and penalty as well as economy of punishment.To be specific,it is needed to abolish the death penalty on drug transportation crime,combined with the actual situation of our country,gradually restrict and even abolish the death penalty on illegal transaction,smuggling and drug producing crime;abolish the single allocation for the drug recidivism system;match with reasonable sentencing criterion and level of statutory sentence.