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Research on the Amount of Drug Crime and the Mitigation of Punishment

Author: HuangCan
Tutor: ShiJingHai
School: Southwest University of Political Science
Course: Legal
Keywords: Drug offenses The amount of crime Penalty Reprieve
CLC: D924
Type: Master's thesis
Year: 2010
Downloads: 167
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Abstract

Mitigation of penalty is the world trend of development of the basic penalty. Drug offenses as serious crimes social harm to human survival and development constitutes a major threat and has become a global problem. Of penalties for drug-related crimes has been showing strictly and severely for the situation, which is obviously a modern criminal law and penalties fundamental value is not coordinated. The amount of crime in the criminal legislation as a basis for drug offenses established legal punishment, in criminal justice is to establish the basis for drug offenses benchmark sentence. Visible, the amount of crime and punishment Reprieve has a close relationship. This paper by the amount of drug-related crime and punishment Reprieve relationship analysis to the theoretical amount of drug crime drug crimes Path of mitigation of punishment. Text is divided into three parts. The first part, China's drug-related crime and punishment Reprieve status inspection. First, an overview of mitigation of penalty and punishment of drug offenses applicable; Secondly, summed up our drug crime penalties applicable Reprieve status quo; Finally, the penalty for drug-related crimes of Reprieve characteristics are summarized. The second part, the amount of drug-related crime and punishment Reprieve relation. First summarize our drug crime legislation and judicial amount; in our criminal law, the amount of drug crimes including drug amount, the amount of toxic substances made, the amount of narcotic plants, drug plants seeds, seedlings and other amounts; Next, crime the amount of the basic theory, analysis of the distribution of the amount of crime and punishment relationship. The amount of crime in the penalty phase is to establish the basis for legal punishment, at the sentencing stage, the amount of crime is the basis for establishing benchmark sentence, the sentence ultimately affect Mitigation; Finally, the extent of the punishment for drug crimes Mitigation obstacles were analyzed , China's current criminal legislation and criminal justice existence of some amount of drugs non-rational knowledge is impeding drug crime penalties applicable Reprieve important reasons. The third part, the amount of criminal penalties for drug offenses under the Mitigation. First, from the basic principles of criminal law, criminal policy of combining punishment with leniency, drug-related crimes to its own characteristics, such as the need to curb drug crime angle penalty for drug-related crimes demonstrated the necessity of Reprieve; Second, from the criminal legislation and criminal justice presents two levels of crime the amount of the penalty for drug offenses under the Mitigation measures in the criminal legislation: on one hand the amount of drug-related crimes to achieve clarity of standard setting. The legislature by the highest amount of crime generalize standard type specific, determined that the new drugs and heroin conversion ratio after conversion applicable penalties. The other hand, the quantity of drugs should be calculated according to its purity. Whatever amount of drugs involved should be identified for drug content, drug purity falls below a certain specific values ??should be considered as lenient sentencing. In the criminal justice level, on the one hand to reconstruct the amount of drug-related crimes identified the \The other hand, to achieve standardization of drug crime sentencing to determine the amount of drug crime sentencing benchmarks, based on a variety reflect subjective vicious criminals and dangerousness of the criminal sentencing adjust the baseline, the final declaration of punishment according to law.

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