运输毒品罪死刑问题研究

Research on Death Penalty of Drug Transporting CrimeAbstract:Death penalty is a kind of severe penalty with a long history,whichtakes the right to life as the object.In recent years,the development of human rightsmovement has been promoting the reform of death penalty in China.Although theapplication of death penalty in drug-related crimes has a historical background and apopular basis,the previous criminal law amendments have abolished the applicationof death penalty in non violent crimes on a large scale twice,which makes the voiceof abolishing the application of death penalty in drug-related crimes gradually rising.The abolition of death penalty in drug-related crimes has become a general trend.In judicial practice,the crime of transporting drugs,which has a high rate ofconviction and severe punishment,appears in the form of selective charges inlegislation.The sentencing range of the crime of smuggling,trafficking andmanufacturing drugs is the same,and the maximum penalty is death penalty.Althoughthe crime of transporting drugs is widely used in judicial practice,there are still manycontroversies about the application of death penalty in the theoretical and empiricalresearch of the crime of transporting drugs.The purpose of criminal law is to protect legal interests,and the constitution ofcrime determines the social harmfulness of behavior.Therefore,the discussion on thecrime of transporting drugs should first determine its legal interests,nature andconstitutive requirements,and the research on the application of death penalty andrelated issues of the crime of transporting drugs needs to be based on it.This papersorts out the legislative provisions on the application of death penalty in the crime oftransporting drugs,clarifies the current situation of its judicial application,andanalyzes the deterrent effect of death penalty application on the criminal activities oftransporting drugs and drug phenomenon.It shows that this paper supports theviewpoint of abolishing the application of death penalty in the crime of transportingdrugs from the perspective of legislation.Therefore,this paper analyzes the reasonsfor abolishing the death penalty of the crime of transporting drugs from three aspectsof norms,value and practice.After finding the theoretical basis of abolishment,thispaper analyzes the specific path of abolishment of death penalty in the crime oftransporting drugs from the legislative level.Keywords:Crime of drug transporting;Application of death penalty;Abolition ofdeath penaltyClassification:D924.36