Discussion On The Application And Limitation Of Death Penalty For Drugs

In today's society,we can find that drug crime presents a common crime situation,and more and more countries pay more attention to the application of the death penalty for drug crimes,and it will continue to be popular in our country until the death penalty on drug offenses Topic,more scholars will be concerned about this and research,and drug co-crime death penalty is also very urgent.In the face of drug crimes,we can try to break through the traditional thinking,to further improve our criminal legislation,because drug crime than other common crimes,has a lot of different characteristics.Western countries in this area also have a lot of experience and different views,but for the sake of China's national conditions,these experiences and practices are not necessarily suitable for China's current situation,not necessarily suitable for China's development path.Therefore,the author in this article,and strive to different angles of all-round analysis,to update the concept to find our country for the crime of joint death of drug restrictions on the road,hoping to drug crime of child punishment limit has some inspiration.This paper is divided into four parts:The first part deals with the issue of drug-related crime,which has become a major trend in drug-related crimes,and the application of the death penalty in drug-related crimes is a major problem.This part mainly analyzes the common criminalization of drug crime and the link and difference between the common crime of drugs and general drug crime.In addition,this part also introduces the current situation of the death penalty for the common crime of drug in China.The second part is the form of the common crime of drugs,which is the three main forms of drug joint crime,namely criminal group which smuggles,sells,transports and manufactures drugs,collects,collects and divides the general drug common crime.Help the "owner" smuggling,selling,transporting drugs,or introducing general public offenses for the sale of drugs.The third part is about the application of death penalty in drug joint crime.This part is divided into three sections,the first section mainly elaborates the joint drug crime death penalty basis and too much controversy,the first is the death penalty of joint drug crime is excessive application basis in the legislation embodies the spirit of strict punishment in judicial practice,reflects the heavy ideology.The second is the death penalty for drug crime controversy,mainly divided into three points,the provisions of the penal code in the "serious crimes" lack of understanding;in the practice of drug trafficking has a high death rate;the lack of a comprehensive consideration of sentencing in drug crime.The second section describes the joint drug crime death penalty is limited,the first is in the practice of joint crime death penalty applicable product poisoning,the reason is difficult to grasp is the main drug crime morphological diversity,different shapes,which leads to the death penalty to reunification,followed by cross to the strict application of criminal cases.This part of limitations will also address the damage to human rights caused by miscarriages of justice.In section third,the author thinks that the death penalty for drug crime should follow the general standard,hierarchical identification of criminal culpability,the criminal suspect identification plays in the whole process of the crime and the role of common crime in the criminal process should bear the blame.The fourth part mainly expounds that we should limit the death penalty applied to drug joint crimes.This part is divided into two sections,the first section analyzes the necessity of the death penalty crime drug restrictions,in accordance with the protection of human rights needs,also accord with the basic principle of suiting punishment,in addition this section also introduces the basic content of the international treaty shall apply to the drug crimes and the restriction of death penalty of our country criminal policy requirements.The second section expounds how the death penalty of drug joint crime should be carried out,mainly divided into five aspects.