On The Abolishment Of The Death Penalty For Drug Transportation Crime

China has been listed as key to the drug-related crimes against the object,therefore,the punishment for drug-related crimes have been severe tendency.The crime of transporting drugs as one of the types of crime,crime is more easily accomplished,the highest penalty may be sentenced to death.As the criminal law amendment(nine)officially went into effect,nine non violent crime,the death penalty was abolished,for the crime of transporting drugs as a non violent crime still retain the death penalty.The crime of transporting drugs and drug crimes as the intermediate links,the harm degree obviously lighter,the crime of transporting drugs without the victim,does not belong to the violent crime,the death penalty is not only inconsistent with the death penalty for criminals "to" extremely serious crime of the standard,but also with the principle of suiting punishment to crime in violation of criminal law.At the same time,the frequent behavior of drug trafficking,the root causes of the behavior is not how much harm to society,but in the huge drug market.For a long time,the death penalty for the crime of transporting drugs,did not achieve good social effect,to curb crime has not played a significant role,on the contrary,the existence of the death penalty to make criminals more heinous,no longer subject to death penalty.Therefore,the author thinks that the crime of transporting drugs should be abolished.The full text of the four parts of the point of view:The first part is about the present situation of the death penalty of the crime of transporting drugs at home and abroad.Overview of this part from the macro perspective in foreign countries,mainland China and Hong Kong and Macao transportation drug crime death penalty with the specific circumstances of the crime is put forward after the abolition of the death penalty should conform to the international trend of foreshadowing.The second part analyzes the present situation of the death penalty allocation of transportation drug crime in our country.Starting from the present situation and the existence of the death penalty in our country of drug transport crime problems,through the analysis of elements,objective behavior,subjective aspect and sentencing of the crime of transporting drugs,the nature of the crime of transporting drugs do not belong to serious crime,and the death penalty for standard angle,that does not belong to the crime of transporting drugs extremely serious crimes of the crime,does not comply with the general standard of the death penalty,from the two aspects of improper drug transport crime death penalty configuration.The third part analyzes the reality of the abolition of the death penalty.Mainly from the necessity and feasibility of the two aspects of the crime of transporting drugs to abolish the death penalty objective environment and soil.Further strengthen the argument of the article,and discuss the feasibility of carrying out the abolition of the death penalty,which proves the feasibility and practical significance of the subject.In the fourth part,the author puts forward some feasible suggestions for the abolition of the death penalty,including the perfection of the legislation,reasonable assumption of sentencing standards and reasonable adjustment of penalty,in order to provide some valuable Suggestions for the judicial practice...