The Study On The Limitation Of Death Penalty For Drug Crimes In China

Drug crimes have always been a worldwide criminal crime.They are typical non-violent crimes.Due to the attractive interests of such crimes and the strong secretiveness,although all countries are cracking down on it,they have repeatedly banned them.In recent years,drug-related criminal activities have been rampant.The harm they cause is second only to terrorism and AIDS.In 1979,the first time in China's criminal law was the crime of manufacturing,transporting,and trafficking in drugs.However,domestic drug crimes were rare at that time,so our country's criminal law in 1979 imposed a maximum penalty of imprisonment.After the reform and opening up,with the development of the economy,drugs gradually entered the landlocked country of China from the neighboring countries,and the scope of its erosion has become wider and wider.It has not only undermined the stability of the society,but also disrupted the economic order.In view of the bad development situation of drug crimes,in 1982,China's maximum penalty sentenced by drug crimes rose to the death penalty.At this point,the number of death sentences imposed on drug crimes in China has increased dramatically.In 2005,the criminal policy of "Temperance with Mercy" was determined,and the storm of death penalty sweeps the world.In this new situation,the death penalty has received wide attention.Because there is no harm from violence and there is no concept of retaliatory “come to life”,compared with violent crimes,the death penalty of non-violent crimes is more consistent with the concept of human rights protection.However,in China's judicial practice,the number of death sentences that have been sentenced to death because of drug crimes is relatively high.This is in contrast to the death penalty policy advocated by China for “less killing and caution killing”.There are still many deficiencies in the criminal legislation of drug crimes,which leads to the problem of inequitable culpability in the judgment of drug crimes during the judicial process.Based on this,it is necessary to explore how China's legislation stipulates the conditions for the death penalty imposed by drug-related crimes and how to effectively reduce the application of the death penalty in the judiciary.Based on the trend of domestic drug crimes in recent years,the article draws lessons from the legal sentencing basis for extra-territorial drug crimes,and sums up many problems existing in the application of the death penalty for drug crimes in China.ncluding the inadequacies of the drug-related criminal legislation,the problems existing in judicial trials,and the related factors that affect the application of restrictions on the death penalty of drug-related crimes,etc.Based on this,the article is targeted in the legislative,judicial and other aspects of the application of the death penalty for drug-related crimes.Make corresponding amendments.