On The Application Of Death Penalty For Drug Crimes In Our Country

In recent years,the situation of drug crime in China and even the international community is getting worse.The new situation of drug crime presents a more pressing need for the law as an important social security and stability punishment for criminals.This paper starts from a classic case of "MAO" in practice,which leads to the reflection on the application of the death penalty for drug crimes in China.First,from the understanding of China's drug crime legislation and judicial history and status quo.In terms of legislation,the death penalty for drug crimes in China has gone through the process of expanding from nothing to the scope of application.Moreover,in recent years,in order to crack down on drug crimes,the penalty for death penalty has been increased,and the situation of heavy punishment has increased.On the judicial side,our country is under the policy of cracking down on drug crime,increasing the relevant provisions of the application of capital punishment,and strictly restricting the conditions of leniency.In judicial practice,the heavy penalty rate is high,and the death penalty is frequently used in drug cases.From the macroscopic view of legislation and judicature,there are universal problems in the application of death penalty.Based on the method of solving the main contradiction,this paper begins with the analysis of the main problems of death penalty in drug crime.In particular,the application of the death penalty,the quantity theory and the meritorious service of drug transport are not fully realized.Transport drugs should not apply the death penalty,not only intransportation behavior throughout the relatively low in the drug crime is low,and from the perspective of a transport drugs crime subject,the personal risk and social harmfulness is relatively low.For the conviction and sentencing of drug crime,China attaches too much importance to the role of drug quantity in conviction and sentencing,and ignores the influence of other factors such as purity.It is not possible to judge the social harmfulness of drug crime in drug crime by the absolute standard.In addition,there is a long way to go to abolish the death penalty,so the application of capital punishment should be strictly limited.Drug crimes,the threshold of the death penalty is too low,and the merits such as plot,suspended system did not fully play a role,for the rules to limit applicable death penalty in drug crime,should not only reflected in the judicial interpretation and meeting minutes,must make clear a regulation through legislation to increase binding force.Science to find out the real causes of these problems is helpful to inspire us to resolve the problem,from the long our country socialist concept and nature of the drug crimes and prejudice against the death penalty deterrent three aspects to analyze the causes of the problem.Here,the author attaches great importance to the difference of values and the influence of changes on death penalty.The use of the death penalty as a maximum penalty means that legislators value the highest value of people's values as life,a value that is clearly not universal.In order to fully explain thelimitations and abolishment of the death penalty in drug crimes,the author puts forward the theoretical and practical basis to limit the application of death penalty in drug crime.Strictly limit or even abolish the death penalty,for both the effect of death penalty review,also in line with the advanced theory of criminal law,is more advantageous to keep up with the trend of the world of the protection of human rights,to form a better international image.The corresponding solutions are put forward in combination with the main problems of capital punishment for drug crimes.For the application of the death penalty in drug crimes,it is necessary to fully understand the distance between the transportation drug crime and the "most serious crimes",and the death penalty should be abolished.In addition,we should attach importance to the combination of quantity and purity to judge the social harmfulness of drug crime.For drug crime can be sentenced to death,should give full play to the contributions of the plot and suspended system to limit the death penalty,not only improve the efficiency of justice,but also from the internal collapse of criminals.In drug-related crimes,the death penalty should be applied judicially,combined with the quantity,purity,plot and relative status of drug crimes,and the overall evaluation will result in the conviction and sentencing.