The Study On The Application Of The Death Penalty For Smuggling Drugs

With the further development of society,the crime of smuggling drugs is intensifying. Since smuggling of drugs is the source crime of drug offenses, it is more harmful than general trafficking and transportation of drugs. The harms caused by smuggling of drug offenses not only affect the drug users, their families and the whole society, but also violate China's Customs management regulations. Therefore, it has multiple hazards. Referring to the existing criminal law for the crime of smuggling of drugs, there exist defects, for example sentencing only according to the amount of conviction and so on. The death penalty cannot be abolished for the smuggling of drug crimes,but the death penalty does not mean the abuse of the death penalty,so the article's focus is on how to achieve restrictions apply based on the existence of death penalty.The first chapter mainly elaborates of the current trend of development of the global death penalty,the world to carry out the death penalty abolition movement. The current situation of the death penalty system in China, and the reasons leading to the status quo. China's face of the death penalty in the development trend of the world,should take those measures to carry out the death penalty system changes.The second chapter is against the abolition of the death penalty in the crime of smuggling drugs. The abolition of the death penalty is a hot issue in criminal law,but whether the death penalty is abolished or not cannot blindly follow the trend. The writer is gong to elaborate the necessities to retain the death penalty from the following points: First, from the view of ethics of the death penalty in the crime of smuggling of drugs, most Chinese resisted the existence of drugs. Second, from the view of the legalization,it covers the rationality of applying the death penalty from the perspective of retribution, as well as the need to preserve the death penalty in the crime of smuggling of drugs from the point of view of crime prevention. Drug trafficking with armed cover is a violent crime and therefore the death penalty is evidently applicable.The third chapter is the application of the death penalty in the crime of smuggling of drugs, but going against the abuse. The main point is to emphasize the restrictive applications of the death penalty on the smuggling of drugs. From the legal basis and specific restrictions measures of death penalty on the application of the crime of smuggling drugs,the writer is going to explain the restricted application of death penalty. The legal basis covers the basic criminal policy of "temper justice with mercy", the death penalty policy of "less killing and cessation", as well as the trend of restrictive application of death penalty imposed by the international community based on the idea of human rights protection. At the end of this essay, it lists the specific measures to limit the application of the death penalty,including the specification of death penalty limited applications on basis of the purity of the drug, the effect of the merits in the crime of smuggling of drugs and the other circumstances are exerted in restrictive application of death penalty in the crimes on smuggling of drugs.