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On The Application Of Death Penalty To Drug Crime

Posted on:2018-12-22Degree:MasterType:Thesis
Country:ChinaCandidate:Z X WuFull Text:PDF
GTID:2416330518459028Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In 1982,China's single-line lawinte form of drug crime set up the death penalty,the death penalty should existand other related issues has become a controversial point.As a result of Chinalipening to the outside world and the two major drug production in the world daer to the original situation so that the situation of drug crime is more serious,In the traditional felonism and the impact of criminal law instrumental thinking,It the death penalty of drug legislation legislative process relative comparison.Slowly and externally from the 1980s,there was a rising trend in the application of the death penalty for drug crimes,which led to a greater increase in the cost of aime.In order to reduce the cost,the perpetrators used China as their new Ofie transit location and the target market.Under the combined influence of these factors,China has not only set the death penalty for drug crimes,but also in the pactice of a higher proportion.In Chinese society,it is not in line with China's reality if it is only to comply with the tide of the international commity and to immediately abolish the drug crime.But drug crime is essentially an actcommitted,a non-violent crime without direct victimization,and a "most seriouscime" that is hard to say from social harm.Should limit the application of the deathpenalty for drug offenses,in particular to reduce the proportion of its application.On how to limit the application of the death penalty?It was argued that the administration of the death penalty woll be restricted by judicial means,that is,by judicial means,and that it was argued that legislation should be used to limit it.For the crime of drug crime,the conlination of justice and legislation has a comparative advantage.However,the imegrated path or primary and secondary points.Should take a road to judicial reirmas the center,the legislation should also make a difference.Legislation,theist abolition of the crime of transporting drugs is more likely to accept the death pnalty.Drug crime,the application of the death penalty should pay attention to the use of judicial reform of the comprehensive use of the measures:First,to establish a strict limit on the death penalty of crime;Second,to comprehensively understand and use drugs Quantity and purity,drug recidivism and recidivism,surrender and meritorious service.
Keywords/Search Tags:drug crime, death penalty, the application of the death penalty, nonviolent crime, sentencing circumstances
PDF Full Text Request
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