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死刑缓期执行制度作为中国特有的死刑执行方式,一直在相关领域发挥着决定人生死的作用。然而,对于这一如此重要的制度,相关法律规定方面却存在着一定程度的不完整,导致了其适用的模糊性。客观标准的缺失带来的是犯罪人生死不明,权力寻租空间,法律公信力受损等一系列问题。经过对毒品犯罪的综合分析,探索死刑判决中所存在的普遍性价值规律,以期建立一套可以遵循的标准体系,以供参考。
As a peculiar execution mode of execution of death penalty in China, the system of execution of the suspended death penalty has always played the role of determining the life and death in related fields. However, for such an important system, there is a certain degree of incompleteness in relevant laws and regulations, which leads to its ambiguity. The lack of objective standards brings about a series of problems such as the criminals’ life and death, the power rent-seeking space, and the loss of legal credibility. After a comprehensive analysis of drug crimes, explore the prevailing values of the existence of death penalty judgments, with a view to establishing a set of standard system that can be followed for reference.