Economic Analysis Of The Deterrent Effect Of The Death Penalty Of Drug Crimes And Perfection Of Penalty

"Ice Breaking Action" is a criminal investigation suspense TV series on the subject of anti-narcotics.The prototype is a real case of "production and trafficking of drugs in Lufengboshe Village,Guangdong Province".For nearly 30 years,Cai Dongjia’s public and semi-public drug production has used his village party secretary’s identity as an umbrella to dominate.At the end of 2013,the Guangdong police dispatched more than 3,000 police forces to carry out clearance operations against Boshe Village,seized nearly 3 tons of virus,and arrested more than 180 drug-related suspects.The large number of drugs involved,the wide range of personnel,and the harsh plot are shocking.This can’t help but make people reflect on why drug crimes are still so rampant under China’s "zero tolerance" anti-drug criminal policy.Does the existence of the death penalty have a deterrent effect or how much deterrent effect it has.Since the death penalty data in China is not public,and time,manpower,and energy are limited,it is impossible to obtain first-hand data through field investigations.Therefore,most of the articles are based on official data statistics,typical cases issued by the court,and other existing data and materials as support,and indirectly analyze the deterrent effect of smuggling,trafficking,transportation,and drug manufacturing crimes from other angles.The article takes the criminal deterrence theory of criminal law as an entry point and analyzes the conditions necessary for criminal deterrence.Using SPSS and Eviews8 professional data statistical software as the means,it collates and statistics the existing public data of China’s drug crimes,and describes the drug crimes in China.The general trend and direction,and analyzed the problems reflected in the data;using criminal economics related theories as research methods,such as rational choice theory,cost and benefit theory,supply and demand relationship theory,marginal deterrence theory of punishment,etc.,explained China’s drugs The extent of the deterrent effect of the death penalty in crime.Judging from the current domestic research,most of China’s research on the deterrent effect of capital punishment is based on pure theoretical inference,and it does not have the objectivity and universality of empirical research.The article attempts to conduct empirical research through data statistics,combined with economic theory to analyze the legal problem of "drug crime death penalty deterrence",in addition to a solid theoretical argument,there is a large number of empirical data analysis,this is the article’s biggest innovation.The reason why the article mainly uses economic theory to study drug crimes is that the most important reason is that the theoretical basis of criminal economics is to assume that "every criminal is an economic man",and the premise of his research is that the crime must be intentional crime,that is,criminal economy The study of crime is the crime of rational thinking.The biggest feature of the so-called "economic man" is the pursuit of maximization of utility,and drug criminals fully comply with the assumption of "rational economic man" in criminal economics.The crime of smuggling,trafficking,transportation,and drug manufacturing is a typical intentional crime for profit.Before committing the crime,the actor usually has to calculate the cost and benefit of his behavior,only when he believes that the crime Only when the benefits are greater than the costs,the crime will be chosen.This is the embodiment of the drug criminals’ pursuit of maximum utility.But the punishment is limited,and the crime is unlimited.It is a helpless choice for society to deal with unlimited crime with limited punishment.Therefore,it is necessary to find the maximum deterrent effect of limited punishment in order to maximize the benefits of controlling drug crimes.The article is divided into four parts.The first chapter will describe the basic trend of drug crimes in China and the application of the death penalty.The second chapter will use the conditions of the penalty deterrent function to examine the role of the death penalty deterrent function and smuggling,In-depth theoretical analysis of the social hazards of trafficking,transportation,and drug crimes;Chapter 3 will use professional data statistical analysis software to let the data tell the truth;Chapter 4 will explain drugs based on the premise that drug crimes are economic crimes The economic causes of crime and provide targeted opinions.In summary,through the combination of qualitative analysis and quantitative analysis research methods,the article demonstrates the deterrent effect of the death penalty on the crime of smuggling,trafficking,transportation,and drug manufacturing.In ancient China,the phrase "the people do not fear death,why do they fear death" is the best summary of the deterrent effect of the death penalty in drug crimes.