Research On The Judicial Limitation Of Death Penalty For Drug Crimes

In recent years,the drug crime is still present high-risk situation,so long sentences also continued to grow,the referee results represent the basic attitude to drug crime in judicial practice,to carry out the criminal policy of the spirit of heavy punishment.Whole judicial status quo of drug crimes in our country present heavy penalty rate and death rate ratio high phenomenon,especially in the plot of the judicial case sentencing discretion,prone to long to replace light punishment way of thinking.With a heavy cure poison false strike hard criminal policy,combined with severe criminal legislation to open the threshold into sin,the last is inevitable result of the judicial person in this guide to conform to the so-called criminal policy and the legislative intent of the referee,over time,the referee curing for guiding reference case or trial,causes heavy with the death penalty to a vicious cycle of abuse.At the same time,the high proportion of our drug crime death penalty,it has to do with the current international trend of restriction and abolish the death penalty applies,with the death penalty in our country the basic criminal policy of "retain the death penalty,strictly control and the death penalty applied to cautiously".This article through to the domestic current situation of drug crime death penalty judicial investigation,reflect on punishing drug crimes in our country's form and strike hard thought,points out the shortage of drug crimes in the judicial practice the death penalty and influence drug crimes barriers to limit applicable death penalty,this limits the drug crime is the cause of the death penalty judicial application,put forward the path of limiting drug crimes the death penalty judicial application,hope to be able to enrich and develop the study of drug crimes the death penalty limit issue.At first this article introduced our country the current judicial governance situation of drug and summarizes the related situation brings revelation,on the basis of analyzing the characteristics of current drug crimedeath penalty stage mining appeared excessively heavy punishment,especially high applicable death penalty rate brings a series of questions,proposed to limit the urgent needs of the drug crimes to death.Then around the point of view in this paper,the limiting drug crimes the cause of the death penalty judicial application,and respectively introduces limiting drug crime death penalty policy basis,legal basis and practical basis,from the aspect of ought to be and reality level deeply analyze limit the necessity and feasibility of drug crimes the death penalty,according to China's current "retain the death penalty,strictly control and the death penalty applied to cautiously" the death of the basic criminal policy,points out that the current necessity to limit applicable drug crimes to death.Finally proposed limiting drug crimes the death penalty judicial application path,from policy should not be the number of drug as the only basis of death penalty sentencing should be unified death number of drug standard,gradually established a drug crime cases of drug quality qualitative conversion system and the drug content of sentence patterns,sentence level.The convicted circumstances and given circumstances should be accurately identified surrendered and contributions,recidivism and recidivism,distinguish special subject,under special circumstances,specific behavior of drug crime,strictly grasp the joint crime of drug,the fluctuation of the house of death penalty.In addition,the application of death penalty in drug crime is implemented immediately,thus achieving the aim of restricting the death penalty for drug crimes and providing a scientific and rational way for judicial restrictions on drug crimes.