毒品犯罪适用死刑立即执行的量刑情节探讨.pdfVIP

Abstrcut In recent years, with the increasing overflow of drug crime, the rate of the application of death penalty to drug crime in China is still high, ranking top among all charges on death penalty. Death penalty is the most severe criminal punishment of depriving of prisoners’ lives. Any mistaken application may cause unimaginable consequence. With the popularization of the protection of human rights and the mitigation of punishment, imposing restrictions on and abolishing the death penalty for drug crime have been the tendency of drug-related crimes in various countries. From all of these, it is obvious that our country’s high rate of death penalty on drug crime is untimely. Under the guidance of the temper justice with mercy policy, China begins to impose restrictions on death penalty’s application to drug crime. Therefore, it is of theoretic necessity and practical urgency to study death penalty’s application to drug crimes, especially the summary execution of death penalty. Besides, circumstances of sentencing, in the cases of drug crime, are the key factors for the application of defendants’ penalty. The accurate judgment of circumstances of sentencing is beneficial for the reasonable measurement of penalty and can avoid excessive sentencing, thus it is of great significance for restricting the application of death penalty. On this basis, the author focuses on the study of immediate execution of death penalty on drug crimes to strengthen the pertinence of the study. For this purpose, the author selects a typical case, namely, A Case about Trafficking in and Transporting Drugs, and probes into it by means of case analysis in order to integrate theory with practice and then provide instruction for the restriction of the application of immediate execution to drug crimes. Apart from introduction and conclusion, this thesis consists of four chapters, 22,000