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Research On The Limitation Of Application For Death Penalty Of Drug Crimes

Posted on:2019-07-01Degree:MasterType:Thesis
Country:ChinaCandidate:J X MaFull Text:PDF
GTID:2416330572462171Subject:Law
Abstract/Summary:PDF Full Text Request
Drug crimes just like cancers of human society,and drug problem that is motivated by them has affected all aspects of society.Throughout history,China has been fighting hard against drug crimes.Although China has not yet announced the specific number of executions per year,the rate of drug offence in recent years is much higher than that of ordinary crimes.In the death penalty review book,drug crimes account for a considerable part.It can be seen that China still hopes to curb the spread of drug crimes by applying the death penalty.However,according to the "China Anti-Drug Report"published by the National Narcotics Control Committee in recent years,drug-related crimes are still showing a growing trend.Therefore,applying the death penalty without restrictions on drug crimes will not get the legal effect we want.Nowadays,drug crimes are criminal and group-oriented.If we do not distinguish between sentencing,it is contrary to the criminal policy of "tempering justice with mercy" proposed by the Party Central Committee,and it also violates the criminal purpose of education criminalism and the principle of adapting crimes and punishments.Therefore,in this situation,we will discuss how to limit the application of the death penalty for drug crimes from the legislative and judicial levels,so as to make the sentencing of each criminal in drug crimes more accurate,and how to prevent drug crimes and think about the perpetrators.Correction to prevent recidivism is very important.The total number of texts exceeds 20,000 words and is divided into preface and body text.The main body is mainly discussed in four parts:The first part introduces how to control the spread of drug crimes since the founding of New China,and introduced many landmark norms and related laws in the history of drug control in New China.At the same time,it expounds the status of the use of death penalty for drug crimes,and analyzes the reasons for the excessive application of the death penalty in drug crimes in China.The second part is based on the nature of drug crime,education punishment,and the principle of adapting crimes and punishments.Combined with judicial practice and the party's criminal policy of "tempering justice with mercy",it expounds the necessity of drug crimes to limit the death penalty.The third part introduces the specific methods of death penalty of drug crimes from the perspective of legislation and judicature.The fourth part is based on the grim situation of drug crimes facing China today,expounding how to ensure the steady advancement of the application of death penalty for drug crimes,and put forward corresponding supporting measures and clear related major issues that need attention.
Keywords/Search Tags:Death penalty, Drug crime, Education criminalism, Strictness and forgiveness
PDF Full Text Request
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