Research On Restriction Application Of Death Penalty In The Crime Of Drug Transporting

Drug crime has always been the target of severe crackdown in our country,and the principle of heavy punishment in drug crime has always been the principle of legislation and justice in our country.In particular,with the rapid development of the current economy,there are various means and ways of drug crimes,ranging from offline trading to online transportation,from big drug traffickers’ criminal gangs to individual trafficking,from carrying drugs outside the body to collecting drugs inside the body.The profiteering in the drug trafficking industry always urges criminals to take risks.The application of death penalty in drug crimes is still a powerful weapon to fight against drug crimes.But at the same time,the development of death penalty reform also puts forward new requirements for the application of death penalty in China.Amendment 8 and amendment 9 of the criminal law have abolished the application of death penalty for non violent crimes,including fund-raising fraud,respectively.Death penalty still exists in drug crimes with the attribute of "non violent crimes".In particular,the application of death penalty for the crime of transporting drugs is controversial in the academic circle.The current criminal law stipulates that the death penalty is applicable to the crime of transporting drugs,while the majority of scholars in the academic circle hold the view that the application of death penalty should be abolished.Therefore,based on the current situation,it is legal and reasonable to limit the death penalty for the crime of transporting drugs.In the crime of smuggling,trafficking,transporting and manufacturing drugs,the crime of transporting drugs is an essential intermediate link in other drug crimes.The number and frequency of crimes are relatively high.The application of death penalty is conducive to the fight against drug lords and professional transporters,and to the flexible face of changing criminal facts.At the same time,the common transport drug offenders have a special identity,a low degree of knowledge,a low personal risk and social harm.They are in the auxiliary or accomplice position in drug crimes.The application of death penalty is obviously not in line with the purpose of punishment.Although China has limited the application of death penalty for the crime of transporting drugs in the way of meeting minutes,there are still a large number of death penalty applications for the crime of transporting drugs in practice.Looking at the international,relevant organizations and countries’ attitudes towards the crime of transporting drugs,we can see that the crime of transporting drugs as a crime for the purpose of profiteering and "crime without victims" should be less or even not death penalty.In this regard,a more reasonable measure is to limit the application of the death penalty as far as possible under the premise of the existence of the death penalty,so as to fight against crime and reduce the application rate of the death penalty.In the application of death penalty for drug transportation crime,we should follow the basic principles such as the principle of suiting punishment to crime,the principle of modesty in criminal law,the principle of protecting human rights,and the principle of combining punishment with leniency,and restrict the application of death penalty for drug transportation crime from two different ways of legislation and justice.Specifically speaking,in terms of the legislative path of the death penalty restriction of the crime of transporting drugs,it should be clear that the death penalty object of the crime of transporting drugs should be applied,and the crime of transporting drugs should be set up separately from the selective crime,so as to improve the death penalty suspension system of the crime of transporting drugs.In terms of the judicial path of the death penalty limitation of the crime of transporting drugs,the conviction and responsibility of the crime of transporting drugs should consider the exceptions,emphasize the balanced application of the heavier and lighter circumstances of the crime of transporting drugs,and ensure that the defendants of the crime of transporting drugs are effectively defended.