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毒品犯罪是十分严重且复杂的刑事犯罪。毒品范围的变化翻新、犯罪形式的多样化、犯罪猖獗及其严重的社会危害性等因素均致其刑罚适用过于严厉(死刑被大量适用),进而在毒品犯罪刑罚适用中亦较易忽略犯罪行为人的主观恶意程度及其正当、合法权利保护;同时,对一些“特殊”主体、特殊犯罪情形欠周密考虑,因而常常导致刑罚适用失当。鉴于此,对现行的毒品犯罪刑罚制度、毒品犯罪刑罚适用中的几个较典型问题的探讨,有利于改善毒品犯罪刑罚适用宽严不济现状。
Drug crime is a very serious and complex criminal offense. The changes in the scope of drugs are being reformed, the diversification of forms of crime, the rampant crime and its serious social harmfulness all lead to the application of penalties being too harsh (the death penalty is widely applied), and the criminal acts are more likely to be neglected in the application of penalties for drug offenses People’s subjective viciousness and their legitimate and lawful rights protection. At the same time, due to the lack of careful consideration of some “special” subjects and special crimes, they often lead to improper application of penalties. In view of this, the discussion on the current criminal drug penalty system and the application of several typical problems in the application of the criminal penalties for drug offenses will help to improve the status quo of the application of the penalty of drug offenses.