An Empirical Study On The Application Of Death Penalty For The Transporting Drugs Crime

According to the article 347th of criminal law,the maximum penalty for smuggling,trafficking,transporting and manufacturing drugs is the death penalty..However,for the application of the death penalty for the transporting drugs crime,there are still many problems to be studied in the judicial practice.This paper is divided into five parts.Part Ⅰ:Through the study of laws and regulations and judicial interpretations,it is found that the provisions on the crime of transporting drugs and the application of the death penalty in our country tend to be perfected year by year,that is,specific treatments are detailed provided on the transport drugs employment,joint crime,the number of circumstances and other co-exist circumstances in the transport of drugsPart Ⅱ:Based on the statistical study of 321 death penalty cases on the transporting drugs crime that were randomly selected in judicial practice from 2014 to 2017 in the whole country,it is found that such cases are mostly in the unemployed groups in the remote areas of the southwest of China,and in addition,the application rate of a two-year suspension of the death penalty in the trial process is significantly higher than the immediate execution of the death penalty.Part Ⅲ:The specific circumstances of sentencing in each case are studied in detail,and the specific application of the transporting drugs crime is studied from the legal and discretionary perspectives when sentenced to death,and it is found that a "quantity +specific sentencing circumstances" mode is basically used in our courts,however,some conflicts still exist in the specific circumstances of sentencing.Part Ⅳ:Through the statistics of the universal law of cases and the specific circumstances of sentencing,we find that the problems in judicial practice include:the lack of the identification standard for the drug quantity grade and no corresponding term of imprisonment;the overmany consideration of the particularity during the application of the death penalty in the crime of transporting drugs;no difference between strict and lenient circumstances in some cases;and an unclear criteria between the immediate execution of the death penalty and the two-year suspension of the death penalty.Part Ⅴ:according to the application of the death penalty for the transportation of drugs,clear criteria for the determination of the quantity of drugs and the corresponding sentences is suggested;the particularity of the crime of transporting drugs should be considerd within a reasonable scope;the applicable standard of each sentencing circumstances shall be determined when the standard of death penalty’ is reached;and a clear distinction between the immediate execution of the death penalty and the death penalty suspended for two years on the basis of judgment.