Study On The Application Of Death Penalty Restrictions For Drug Crimes

Since the 1980s,the epidemic of drug crime,drugs,aids and terrorism has become a public nuisance today and "strict" fight against drug crime has become a mainstream view of society.However,with the development of judicial practice,the abolition of the death penalty in drug crimes has attracted more and more public attention.However,many practical obstacles in practice make it difficult to implement the abolition of the death penalty in legislation in the short term,and there are severe and broad ideological rigidities in practice.In view of the harmfulness of drug crime itself,the application of the death penalty on the basis of "quantitative theory" alone does not reflect the principle of the adaptation of crime to punishment and the objective attribution of crime.Penalties are introduced to prevent and suppress the possibility of crime in a timely manner.By using Spss statistical method,this paper makes an empirical analysis of many factors affecting the death penalty for drug crimes and combining with the current situation in China,points out which factors will affect the correct application of the death penalty in drug crimes and the problems that may arise in the judicial process.By collecting relevant cases in the network of adjudicative documents,this paper studies the factors related to the application of death penalty for drug crimes by means of comparative analysis and empirical analysis,and puts forward some suggestions to improve the application of death penalty.In this paper,the death sentences of specific drug crimes in different regions are compared and analyzed,and it is found that the proportion of calculation methods that conform to the provisions of the Wuhan Minutes is obviously small,and the algorithm tends to lead to problems such as imbalance of culpability and unfair punishment.The article demonstrates the factors that influence the application of death penalty for drug crimes,and mainly analyzes their sentencing differences in terms of drug itself(quantity,type and purity)and sentencing circumstances.At the same time,combining the current situation of drug crime:different kinds of drug crime conviction difference,discussing the factors directly related to death sentence,refining the criterion of "serious circumstances" and improving the application of fine penalty in the dominant theory of drug quantity determination,and putting forward some suggestions to crack down on drug criminal policy.