Reflections On The Abolition Of Death Penalty For Drug-related Crimes In China

The Eighth Amendment to the Criminal Law and the Ninth Amendment to the Criminal Law have successively abolished the death penalty for 22 non-violent crimes,which is in line with the international trend and fully embodies the spirit of the Constitution of China on "respecting and safeguarding human rights".However,as a drug crime of non-violent crime,death penalty is still used as an important means to contain and punish such crimes,and the application standard of death penalty is relatively low.The statutory penalty stipulated in the criminal law of our country for drug-related crimes shows the remarkable characteristics of severe punishment doctrine and excessive penalty for crimes,which seriously deviates from the criminal law principle of "crime,responsibility and punishment compatible" as stated in Article 5 of the criminal law of our country.Therefore,the abolition of the death penalty for drug-related crimes has become the focus of academic circles in recent years.On the one hand,drug crimes belong to non-victim crimes and non-violent crimes,not the most serious crimes.Whether the death penalty applicable standard can be met by the "death penalty for its crime" has been widely disputed.On the other hand,the development of international judicial cooperation in drug crimes in China also encounters major obstacles due to the provisions of the death penalty for drug crimes.Should we? When catering to the needs of international judicial cooperation,there is still much controversy about abolishing the death penalty for drug-related crimes in an all-round way.Starting from the historical background of the establishment of legal penalty for drug-related crimes in China,this paper makes an analysis of the effectiveness of severe punishment in drug-related crimes in China,makes a comprehensive review of the provisions and application of death penalty for drug-related crimes,makes a thorough discussion on the rationality and effectiveness of the provisions of death penalty for drug-related crimes,and puts forward the proposal of abolishing drug-related crimes in an all-round way.The idea of death penalty is put forward,and then the idea of making efforts from legislation and judicature,steadily advancing,gradually stopping the application of death penalty in judicature and smoothly transiting to completely abolishing the death penalty provisions of drug-related crimes in legislation is put forward,which provides a reference for comprehensively promoting the legislative innovation of our country.