On The Abolition Of Death Penalty In The Crime Of Transporting Drugs

Under the dual influence of foreign drug infiltration and domestic drug production,China is still at a high incidence of drug crimes.On the one hand,China still adheres to the guiding ideology of severe punishment,and strives to give full play to the role of punishment and crime prevention;on the other hand,the judicial emphasis should be on the strict distinction between the crime of transporting drugs and the application of the death penalty for smuggling,trafficking,and drug-making.Actively limit the application of the death penalty for drug trafficking.In order to clearly understand the application of the death penalty for drug trafficking in criminal justice practice,this paper selects the first-instance judgment of the nationwide drug trafficking crime from 2013 to 2017(nearly five years)as a research sample,and finds and analyzes the death penalty for drug trafficking.The practical problems existing in the application of the judiciary seek data support and related theoretical support for the abolition of the crime of transporting drugs.On this basis,it proposes to abolish the criminal law system after the death penalty for transporting drugs.The full text has five parts.The first part,the introduction.This part introduces the research background,research purposes,research objects,research methods and sample selection.On the one hand,it sorts out the legislation and judicial situation of the crime of transporting drugs in China,and on the other hand,it focuses on the regional and year sources of the sample,the determination of the total sample size and the sample statistics items.This part aims to discover the problems in the current research status and propose the author's research ideas and plans.The second part is the investigation of the status of the application of the death penalty for drug trafficking.This part treats the sample data by means of classification and statistics,and observes the distribution of the application of the death penalty for transporting drugs from the perspective of time and space,and understands the application of the death penalty from the aspects of gender,age,education,work and criminal history.Understand the criminal mode of the drug transporter from the mode of behavior of the transporter and the use of the transporter,and understand the crimes of the drug trafficking crime from the aspects of the type,quantity and purity of the drug.It is hoped that through this part of the content,we can fully understand the specific aspects of the application of the death penalty for drug trafficking in judicial practice,and provide data support for the arguments in the following.The third part is to abolish the realistic basis of the death penalty for drug trafficking.This part is based on the second part and analyzes the realistic basis for the abolition of the death penalty for transporting drugs.It is mainly reflected in the following three aspects: First,from the analysis of individual,natural and social factors,there are many reasons for the spread of drug trafficking crimes.If you want to achieve the purpose of curbing crime,you should start from these incentives instead of blindly applying the punishment.Secondly,by combining the data on death penalty and drug crime data,it is found that the application of the death penalty is not effective in curbing the crime of transporting drugs.The effect of combating drug crimes;thirdly,the difficulty in collecting evidence makes it difficult to apply the light and mitigate the plot.For example,“employed drugs”and“quantitative inducement” are difficult to prove with evidence,so that the death penalty for drug trafficking cannot be reached.Applicable purpose.The fourth part is to abolish the theoretical interpretation of the death penalty for drug trafficking.This part is some of the other problems that the author discovered when he consulted the sample judgment and related to the crime of transporting drugs,and the problems reflected by the judgment.It mainly includes the following contents: From the standard applicable to the death penalty,the crime of transporting drugs does not belong to the crimes stipulated by international conventions that can be configured with the death penalty,and does not meet the standards of criminals that are“extremely serious crimes” prescribed by China,and has been abolished.The crime of death penalty is quite comparable,and it is less harmful than the crime of smuggling,selling,and making drugs.In addition,the denial of the crime of drug trafficking makes the sentencing unfair.The fifth part is to abolish the criminal law enforcement strategy after the death penalty for drug trafficking.By analyzing the advantages and disadvantages of the crime of abolishing the drug trafficking and the crime of transporting drugs independently,this part finally proposes to abolish the drug trafficking crime and juxtapose the crime of drug trafficking and the crime of illegal possession of drugs,and allocate the same penalty.