On the Abolition of the Death Penalty for Drug Transportation Crimes
DOI:
https://doi.org/10.63944/gkbcq077Keywords:
Drug Transportation Crimes;Non-violent offense;The principle of aligning between crime;responsibility and punishment;Abolition of the death penalty;Life imprisonment systemAbstract
In the process of building a moderately prosperous society in China, the abolition of the death penalty for drug crimes has emerged as a crucial issue to address The act of transporting drugs is a non-violent offense that poses relatively harm to society. Therefore, it is reasonable to prioritize the abolition of the death penalty for transportation. This abolition contributes to the realization of the principle of aligning crime, responsibility and punishment, and is consistent with the prevailing trend of abolishing the death penalty in our country. Moreover, in judicial practice, determining the application of the death penalty based solely on the quantity of drugs is challenging. The imposition of the death penalty for drug transportation has resulted in erroneous judgments in some cases. Hence, when considering the death penalty for drug crimes, it is essential to comprehensively evaluate various factors and gradually promote the abolition process. Currently, the life imprisonment system suffers from the issue of relatively lenient upper limits of detention periods, requiring reform. If the death penalty is abolished for drug transportation, the life imprisonment system should be replaced with a tiered approach that differentiates between degrees of severity for drug transportation offenses. Additionally, stricter life imprisonment should be imposed for more serious drug crimes. By considering the circumstances of commutation and parole, the actual execution of the sentences can achieve the intended punitive effect. The reduction in the application of the death penalty and abolition of the death penalty for certain crimes have gradually grained recognition, aligning with our country’s policy on the death penalty for drug transportation crimes.
