On The Restrictive Application Of The Death Penalty For The Crime Of Transporting Drugs

The crime of transporting drugs is a type of drug-related crime in China.China ’s Criminal Law does not convict it separately.Instead,it is classified as a selective crime with the crime of smuggling,trafficking,and manufacturing drugs,and applies the same statutory penalty.The maximum penalty is the death penalty.From the subjective point of view,the crime of transporting drugs is a kind of greed-type crime;from the perspective of harmful consequences,it is a non-violent crime.According to the requirements of the applicable conditions of death penalty stipulated in Chinese law and the principle of adaptability of crime,responsibility,and punishment,it is known that the death penalty is too severe for drug transportation crimes,and the application of the abolition of the death penalty is quite high.Application is still necessary.The reservation is applicable,but it cannot be abused.The application of the death penalty for the crime of restricting drug transportation should be a suitable way to implement the criminal policy of leniency and strictness and the policy of "reserving the death penalty but strictly controlling and carefully applying" the death penalty policy.It is the original intention of this article to study the legislative provisions applicable to the death penalty for transporting drugs and the status of judicial application,analyze the inherent defects in the application of the death penalty,and provide more effective paths for limiting the application of the death penalty for transporting drugs.This article is divided into four parts.The first part is entitled the rank of drug transportation crime in China’s drug crime.Through the comparison of the legal significance of transportation,drug transportation and drug transportation crimes,and analysis of the controversial issues in the determination of drug transportation crimes in practice,the connotation and extension of drug transportation crimes are clarified.Secondly,by analyzing the crime system and transportation of drug crimes in China The value positioning of drug behavior in drug crimes,and clarifying the value rank of drug transportation crimes in drug crimes.The second part is entitled Legislative provisions and judicial application of the death penalty for drug trafficking.Through the analysis of the relevant provisions of the "Dalian Conference Minutes" and "Wuhan Conference Minutes" on the application of the death penalty for drug trafficking crimes,the necessary and non-essential circumstances for the application of the death penalty for drug trafficking crimes are clarified;To review the legislation of China to provide a reference for limiting the application of the death penalty for transportation drug crimes;and then to make a data and theoretical analysis of the current status of the application of the death penalty for drug transportation crimes in practice under the influence of legislative regulations and traditional concepts of heavy punishment in courts in various places It is concluded that the application rate of death penalty is still high.The third part is entitled the rationality analysis of the application of the death penalty on the crime of restricting drug transportation.By discussing the positive and negative conditions of death penalty application,clarifying the conditions for the application of death penalty in China,and analyzing the nature of the crime of transporting drugs from both the subjective and objective aspects,it is clear that the application of the death penalty of drug trafficking crimes is in line with the principle of adaptability of crime,responsibility and punishment;An analysis of the inherent defects in the application of the death penalty for transporting drug crimes is made,and examples are provided to prove that there are some problems in the current mode of application of the death penalty for transporting drug crimes.The fourth part is entitled the path of application of the death penalty for drug trafficking.In view of the inherent shortcomings in the application of the death penalty for drug trafficking crimes,the application of the death penalty for drug trafficking crimes can be restricted from the following four aspects:The first is to start from the path of quantitative punishment in law,and the amount of drugs can be used as a reference factor in the death penalty,Not the sole criterion.At the same time,according to the different situations throughout the country,formulate standards for the number of drugs applicable to the death penalty in accordance with local conditions,and convert the number of different types of drugs in the same case.At the same time,we should carefully determine whether it is a joint crime,analyze the role played by the principal and subordinates in the transportation of drug crimes,distinguish between sentencing,and apply the meritorious plot accurately.The second is to start from the path of quantified punishment,consider the purity of drugs as appropriate,enrich the consideration of sentencing for drug-related crimes,and consider the impact of the criminal’s physical environment and psychological role as appropriate.The third is to proceed from the alternative punishment of death penalty,increase the application of property punishment,reasonably apply life imprisonment and limit the application of commutation to death penalty.The fourth is to limit the application of the death penalty for drug trafficking crimes by increasing the applicable rate of executions suspended for two years and reducing the applicable rate of immediate executions.