Research On The Second-instance Practice Of Drug Crime Death Penalty Cases

In the second instance of the death penalty,the number of drug-related crimes can not be ignored.It is of great significance to study the trial of such crimes in the way of limiting the death penalty and finally abolishing th e death penalty.There is a certain degree of particularity in drug crime cases,different from other existing homicide cases such as intentional homicide,because of the causes of crime,the infringement of the legal interests and the objects of harm.Therefore,the application of the death penalty should be differentiated.There are some dilemmas in the practice of drug crime cases in the second instance of the death penalty appeal cases.For example,"doctrine of severe punishment" is in conflict with the goal of restricting the application of death penalty;the evidence standard that allows “presumption” is in conflict with the standard that the evidence must be accurate and sufficient;the illegal evidence exclusion procedure is frequently used but is not standardized;the standard of death penalty is quantitative,with strong subjectivity;and there is unbalance of sentencing discretion between individual cases and serial cases of the death penalty,etc.Based on the recent work dealing with drug-related crimes,starting from the specific cases,the author attempts to observe and analyze the practical issues in the second instance of the death penalty on drug crimes and put forward some ideas on further improvement.