Research On The Application Of The Death Penalty For Drug Crime

The harm that drugs bring to humanity is well known to the public,but drug crimes have not met the standards for the application of the death penalty stipulated in China’s current criminal law.However,China adheres to a tough attitude of strict punishment for drug crimes.In today’s world,with the rise of the concept of human rights and the wave of reform of the death penalty system worldwide,reducing the application rate of the death penalty for drug crimes has become one of the urgent problems that need to be solved in China.The legal interest positioning of drug crimes is currently a controversial issue,and legal interest is the basis for setting a legal penalty for a crime.Therefore,it is necessary to first delve into and clarify the legal interest issue of drug crimes in China in the field of legal doctrine.Based on this,the punishment systems and criminal law settings related to drug crimes at home and abroad should be sorted out.Considering the current situation in China where drug crimes are mainly punished with heavy penalties and the application rate of the death penalty is high,Review several biases in the punishment methods for drug crimes in China.Based on the current situation in China where the conditions for abolishing the death penalty for drug crimes are not yet mature in legislation,it is feasible to restrict the death penalty in the judiciary.The reasonable restrictions on the application of the death penalty for drug crimes are in line with the basic requirements of the principle of adapting crime to punishment,and also in line with the current situation,development policies,and current development status of China.At the same time,with respect for and protection of human rights already enshrined in China’s constitution,controlling the scope of application of the death penalty is more in line with the basic requirements of criminal law humanitarianism.Therefore,the issue of high application rate of death penalty for drug crimes should be first corrected in the judiciary.In terms of charges,the sentencing of the crime of transporting drugs should be distinguished from the other three types of drug crimes.For defendants who may be employed,instructed,or coerced to transport drugs for others,the application of the death penalty should be excluded,and the attempted crime of transporting drugs should be affirmed.In terms of system,it is necessary to learn from foreign practices and establish a drug classification system that restricts the application of the death penalty based on China’s national conditions.The application of the death penalty should be limited to crimes involving heroin and methamphetamine,and the quantity standard for applying the death penalty should be increased to 3000 grams.In terms of sentencing,strict testing and consideration should be given to the purity of drugs.For cases involving the introduction of special circumstances,the death penalty should be applied more cautiously,and for cases where subjective knowledge is inferred,the application of the death penalty should be excluded.In terms of penalty application,the scope of death sentence suspension should be expanded and the application of property penalty should be increased.Reasonable restrictions on the application of the death penalty for drug-related crimes have positive implications for various aspects such as death penalty reform and human rights protection.