Restrictive Judicial Application Of Death Penalty In Drug Crimes

Drug crime is a common type of crime in judicial practice.As one of the non-violent crimes that still retain the death penalty in our criminal law,drug crime has been the type of crime that our country pays close attention to and severely cracks down on since the founding of the People's Republic.But in recent years,with the gradual abolition of the death penalty for non-violent crimes in legislation,the voice of the theoretical circles on Abolishing the death penalty for drug crimes is also growing,and the abolition of the death penalty for drug crimes seems to be the general trend.However,according to the current situation in China,it is impossible to abolish the death penalty for drug-related crimes completely in a short time,but we can lay a good foundation for abolishing the death penalty in the future by restricting the application of the death penalty for drug-related crimes in judicial practice.This paper mainly uses the method of big data analysis to study this problem.The data material in this paper mainly comes from the search results of the authoritative judicial case big data retrieval website,and the main argument comes from the induction and analysis of first-hand judicial cases.This is not only the main research method of this paper,but also a reflection of the innovation of this paper.In order to restrict and prevent drug-related crimes,China has adopted stricter sentencing and sentencing standards for drug-related crimes in its criminal legislation,but there are some defects in the legislative level,such as ambiguity,disorder and excessive severity.In the criminal justice level,although some adaptations have been made according to the differences of regions and actual situations,the rates of heavy penalty and death penalty for drug-related crimes are still high.In addition,according to the author's analysis of large data,there are still some problems in the application of death penalty for drug crimes in China,such as "quantitative theory".It does not consider or reflect the impact of other statutory discretionary circumstances on death penalty sentences,and the juxtaposition of drug transportation and trafficking,smuggling and drug manufacturing.Consideration of the quantity of drugs should be changed,and the quantity of drugs should be regarded as the threshold of death penalty rather than the sole standard,and there should be differences in the quantity standards of different places,which should be adjusted in time according to the actual situation;the purity of drugs should be tested and considered in drug crimes where death penalty may be imposed,and the circumstances of high purity and low purity should be sentenced.The statutory circumstances of sentencing must be considered and applied,and explained in the judgment;the sentencing of the crime of transporting drugs should be distinguished from other three types of drug crimes,and the death penalty setting of the crime of transporting drugs can be abolished as a priority;in addition,measures can be taken to limit the occurrence of drug crimes from the aspects of social policies.