Study On Application Of Death Sentence Reprieve In Drug Transportation Crime

Under the high pressure of our country’s criminal policy of cracking down on drug crime,drug crime has always been one of the felonies in our criminal law,which is the highest penalty to death penalty.However,in recent years,under the judicial environment of controlling the death penalty,the number of death penalty immediately executed for the crime of transporting drugs declined,but as its substitute,the application rate of death penalty suspended execution remained high,which led to a higher application rate of death penalty for the crime of transporting drugs.However,according to the preliminary investigation,in practice,the death penalty with a reprieve varies greatly across the country.Although China is a vast country with different social and economic levels,drug crime,as a crime against the national drug management system and people’s life and health,should not be convicted and sentencing differences due to regional differences.To investigate transport drug charges applicable death penalty cases in practice,according to the characteristics of drug crimes in China and the region characteristic,the author will be divided into Chinese drug crimes in Southwest,Northwest,Southeast,Northeast,Central,North,East,Yunnan,Xinjiang,Guangdong,Hunan,Beijing,Zhejiang and other areas,the Northeast,net filter out the area both in China,the written judgment time for the 2016 "about drug crime cases to explain some issues of applicable law promulgated in 2019 after may transport between drug crimes of death penalty cases,carry on the empirical research.First of all,through legal sentencing circumstances and discretionary sentencing circumstances the two dimensions apply to transport drugs crime suspended after analysis,found the transport drug charges in suspended death sentencing applicable standards are different,the number of drug grade that difference is bigger and the top,and to the distinction between the master-slave make not strict,discretionary sentencing plot is vague,too dependent on the number of drug and so on.Then from the root,reality,practice three aspects to analyze the causes of the above problems: irrational national emotion and criminal cultural tradition;A false understanding of the dangers of drug transport;There is no real enforcement of regulations on the crime of transporting drugs.The article puts forward the following Suggestions to solve the problems in the death sentence with a reprieve for the transportation drug crime.Second,from the macro level,the transport drug crime should be "positive",to revise the understanding of the transport drug crime,drug crime criminal policy,the transport drug crime in the criminal law system "positive";Third,from the micro level,from the judicial application to clarify the applicable standards of reprieve,adhere to the pattern of the number + circumstances,the implementation of the principle of doubtful evidence is conducive to the defendant.