Drug Crimes The Death Penalty Limit Applicable Research

Drug crime has been a serious crime concerned worldwide. The failure of crackdown on drug crime makes it become the third public hazard of the world after terrorism and AIDS. To crackdown drug crime and adapt to the requirements of the development of modern rule of law, every country pays great attention to criminal legislation and forms various distinctive punishment modes.In 1979, manufacturing, transporting, selling drugs have been stipulated as crimes by penal law for the first time in our country. But in that time, there is no need of heavy penalty on drug crime since it is only an occasional case, not a serious problem in our country, so the maximum penalty set by law on drug crime is set term of imprisonment.After entering the 1980s, with the trend of reform and opening up and the development of social economy, drug penetrates in our country slowly, increasing fiercely and has become a serious thread to the social stability and economic order. The previous penalty on drug crime can not ensure the national security and people’s livelihood. So considering the serious drug crime situation, our country has been amending the penal law about drug crime constantly since 1980s. In 1982, "Decision on severe punishment for the crime of serious damage to the economy" sets death penalty for selling drug crime for the first time and it is also the first time that our country sets death penalty for drug crime in law. In 1988, "Supplementary decision on punishment for smuggling" sets death penalty for smuggling drug crime.Until 1997, new penal law defines all the drug crime types according to the new problems occurs in the process of drug control and stipulates death penalty as the maximum punishment for smuggling, manufacturing, transporting and selling drug crimes. And this makes our country becomes one of the countries with high death penalty implementation rate of drug crime.In 2005, with the appearance of "Tempering justice with mercy" criminal policy and the development of the worldwide death penalty system reform, the problem of death penalty is concerned by the society gradually. At present, the death penalty reform of non-violence crime is easier than the violence crime’s. Because there is no physical violence harm, neither "life for life" concept.But in the judicial practice, the number of death penalty of drug crime is the largest one among non-violence crimes.The defects of drug criminal legislation and the impact of national policies make the penalty for the crackdown on drug crimes unbalanced in practice.Due to the serious situation of drug crime and the high rate of death penalty use in our country, it is very necessary to discuss and study the regulation of death penalty use to drug crime in our legislation and how to limit the death penalty use in the judicial.In this paper, the main development trend of drug crime in our country is described and the legal punishment regulations on this crime both at home and abroad are compared; our criminal policies on drug crime is reflected; several defects of death penalty use in our judicial adjudication of drug crime and the obstacles in death penalty use to limit drug crime are pointed out; relevant improvement suggestions are given, hoping to enrich and carry on the study on the death penalty problems of drug crime in our country. This paper is divided into the following four parts to analyze.The first part is summary of drug crimes in our country, this part introduces the developing trends of drug crimes in the recent ten years in our country and characteristics of the foreign comparative investigation on drug crime punishment regulations and drug crimes in our country criminal legislative evolution and judicial status quo, to pass with the comparison of foreign criminal law regulation of drug and applicable death penalty, points out that the limit applicable drug crimes the death penalty in China is the world development trend of the rule of law, however, for drug crimes the death penalty limitation to find theoretical basis and practical basis.The second part is the analysis and reflection of drug crimes "strike hard" criminal policy in China, this paper should be limited drug crimes the death penalty for four theoretical basis and in the implementation of the obstacles to limit applicable drug crimes the death penalty, respectively is:cultural barriers, serving doctrine and opium historical influence; Idea obstacle, public awareness of drug crimes deviation; Realistic obstacles, serious crime situation and drug abuse; Legal obstacles, for drug crimes in the judicial practice to death standard quantitative single.The third part points out that the problem of drug crime death penalty in our country, including reduced quantity standard, purity, sentencing plot to comprehensive consideration on transport drug charges and the legal punishment of overweight, etc., these factors will affect the drug crime sentencing weight and penalty is improper. Drug crimes in the judicial practice applicable death penalty amount more, with the domestic policies and international human rights protection, the death penalty reform, we should realize that drug crimes applicable death penalty standard need to appropriate modification.The fourth part is put forward viable path to limit applicable drug crimes the death penalty, the author based on the current drug crimes the death penalty in our country’s actual situation, Suggestions from two aspects of legislation and the judicial reform, the legislation is mainly restrictions and gradually abolish the transport drug crimes to death; For the new type of drug to improve legislation, careful to death; Legal punishment amount of different kinds of drug should be done. Judicial limit applicable mainly expanding type death and property; Change only number theory "discretion standard; Strictly grasp given a lighter or mitigated punishment sentencing plot.