An Empirical Study On The Application Of Death Penalty In Drug Trafficking

The crime of transporting drugs is one of the most common and frequent drug crimes in China.The criminal law's legal provisions on the crime are relatively simple,but the circumstances of specific drug trafficking cases are complex and different.The provisions of the Chinese Criminal Law on the execution of death sentences are also very general.In the judicial practice,there are many disputes about the application of the death penalty for transporting drugs.Many factors have led to differences in the applicability of death penalty for transporting different drugs in different courts or different courts in the same area.Based on the results of existing researches,this paper uses the case of transport of drug crimes as a sample,and uses SPSS and other software to analyze the data to analyze the impact of different sentencing factors on the death penalty of transporting drug crimes.Based on this,it puts forward suggestions that are conducive to judicial practice.The article is divided into four parts,a total of more than 30,000 words.The first part is the source and research method of the crime of transporting drugs.The sample was selected from the cases where drug trafficking was suspended in Peking University's French-ltalian database,Use a combination of empirical research,statistical research,and case studies to build a basic analytical framework,Taking the sentencing circumstances affecting the death penalty of drug trafficking as a variable,observe the effect of each variable on the death penalty of transporting drug crimes,so as to find problems and make recommendations.The second part is about the basic conditions of the death penalty cases of transporting drug crimes and the factors affecting the death penalty.ln this section,the application of the death penalty for the transport of dangerous drugs is objectively interpreted based on the statistics of sample data,lncluding the basic situation of the persons involved in the case of the death penalty for transportation of drugs,the types and means of transporting drugs,and the crime of joint drug trafficking crimes.This section also specifies the factors that affect the application of the death penalty for transporting dangerous drugs and its meaning.The third part is an empirical analysis of the circumstances of the punishment of death penalty for transporting drugs.First,the impact of the quantitative penalty case on the death penalty of transporting drug crimes,This includes the effects of the quantity and type of drugs,the division of labor of offenders,recidivism,and drug reoffending,etc.,on the application of the death penalty for transporting drug crimes.The second is the influence of the quantitative penalty circumstances on the application of the death penalty for drug trafficking,Including the motive of the crime,the result of the damage caused by the crime,and the effect of the offender's attitude after committing the crime on the applicability of the death penalty of transporting the drug.Through empirical analysis of these scenarios,it is found that the factors that affect the applicability of the transport of drug crimes are various.The fourth part is the opinions and suggestions on the application of the death penalty for the transportation of drugs in judicial practice.ln the current judicial practice,there are problems in the application of the death penalty of transporting drug crimes in which the criteria for determining the unclear,self-confidence,and meritorious deeds of the criminals' principal and accomplices are inconsistent,and the effect of discretionary quantitative plots on the application of death penalty is not clear.ln order to achieve the balance of sentencing,the main offenders of drug trafficking can be divided into four levels,which are more specific and more operational than the two levels of principal offender and offender,Regarding the issue of voluntary surrender and meritorious service,the article also put forward relevant suggestions on the basis of criminal law provisions in combination with the characteristics of the crime of transporting drugs.