Research On Judicial Limitation Of Death Penalty In Drug Crimes In China

Drug crimes,AIDS and terrorism are regarded as the three major public nuisances.Governments and people all over the world pay high attention to drug abuse and drug crimes.Drug crimes continue to ferment worldwide.Since the 20 th century,countries in the world have used military means to smother the spread of drugs,but the results have not been satisfactory,and they have not achieved good results in the fight against drugs.Since then,some Western countries have begun to explore more effective strategies to combat drug crimes.In order to curb drug crimes,China has adopted a zero-tolerance position to crack down on drug crimes.China's crackdown on drug-related crimes is far-reaching in the world.The cultivation of drugs from seeds to finished products is sent to the mouth of drug users.Every link in the whole process is ruled as a crime.The legal network is strict,the criminal circle is very large,and the crimes are comprehensive.The criminals on the penalties adopt heavy punishment and even use the death penalty.China's drug crimes have the characteristics of high crime rate,high punishment rate and high application rate of death penalty.China's drug-related crimes“developed in the fight and spread rapidly in governance”.At present,drug crimes have spread from "points" to "faces" in China.The high incidence of drug abuse and drug crimes is not a problem in individual provinces.The high applicability rate of death penalty has become a national social problem.At present,the number of countries that apply the death penalty for drug crimes is very small.Most countries use long-term free punishment and penalties for increasing property punishment to severely punish drug crimes.The exclusion of the death penalty from the penalty system is already an irreversible international trend.China has long maintained a high-pressure attack on drug crimes,but it has not shocked drug criminals.It is an indisputable fact that the criminal punishment of drug crimes has not achieved the expected results.China is in the development period of building a socialistharmonious society.Respecting and guaranteeing human rights has been written into our country's constitution.The concept of human rights has gradually penetrated into the hearts of the people.The high applicability rate of drug crimes has obviously not been consistent with China's people-oriented development philosophy.The application of the death penalty has become one of the urgent problems that China needs to solve.It has been recognized internationally that drug crimes are not the most serious crimes and that the application of the death penalty to them does not conform to the legitimacy of criminal law.Compared with other murder crimes,the application rate of death penalty for drug crimes is very high.In China,the application rate of the death penalty for drug crimes ranks second only to the crime of intentional homicide.Therefore,more people in the theoretical and practical circles in China have begun to pay attention to this issue.Under the circumstances that the social security situation in our country is getting better and better,why drug crimes do not show a positive downward trend like other crimes,which deserves our deep thought.Drug crimes have serious social harm,but this is not the reason why we use harsh punishment to treat them rudely.We hope that we can effectively control drug crimes by "killing and killing".This may be just our "wishful wish",drugs.The old crimes have not yet been resolved,and new situations have emerged.We can no longer rely solely on heavy punishment to crack down on drug crimes.The author believes that the death penalty for drug crimes should be controlled in preference to other crimes of murder.The solution to the death penalty of drug crimes is not only a theoretical discussion,but also needs to be resolved in reality.Judging from the current situation of legislation in China and the development trend of drug crimes,China still lacks the basis for abolishing the death penalty of drug crimes in legislation.It is inevitable that the death penalty of drug crimes will be abolished in legislation,which will inevitably cause social unrest.Limiting the death penalty is feasible and appropriate.Restricting the death penalty is the implementation of the concept of human rights protection.It is the manifestation of the fairness and civilized value of modern law.It is also the general trend to limit the death penalty for drug crimes.Therefore,the death penalty for drug crimes in the process of judicial application is our inevitable choice.In the process of judicial application of drug crimes,we strictly grasp the applicable standards of the death penalty,reduce the death penalty rate through judicial control,and thus achieve the purpose of limiting the death penalty,in order to lay the foundation for the final abolition of the drug crime death penalty.The issue of judicial restrictions on the death penalty of drug crimes is a problem that cannot be ignored in the reform of the death penalty system in China.It is also a realistic issue in China to practice respect and protect human rights.Based on the current objective of retaining the death penalty of drug crimes in our country's legislation,this paper analyzes the evolution of the death penalty legislation on drug crimes at home and abroad,and combines the characteristics of drug crimes in China to analyze the practical obstacles to the total abolition of drug crimes in China.This paper studies the rationality and legitimacy of judicial restrictions on drug crimes,and proposes how to limit the death penalty in the types of drug crimes,criminal forms,drug crimes,sentencing,drug crimes and other judicial applications.By combing,exploring and reflecting,the author summarizes the path of judicial restrictions on drug-related crimes,in order to provide effective suggestions and opinions for the correct and effective application of the death penalty for drug crimes in China.