Author(s)

Wei Lei

Corresponding Author

Wei Lei

Abstract

Judicial decision control is the most effective way to limit the application of heavy penalty in drug crimes, and the research on the judicial application mechanism of sentencing circumstances is the basis of judicial control. Through data and case analysis, based on the dichotomy of social harmfulness and personal danger, this paper attempts to build a model of heavy penalty discretion mechanism for drug-related crimes, which can effectively identify the current situation of the application of the plot of criminal justice for drug-related crimes. By using the method of random sample selection, 500 samples were selected from 8179 first instance felony judgments of drug cases, and 1409 pieces of data were obtained. Taking 25 sentencing scenarios extracted from the sample as independent variables, and "whether to sentence heavily" as dependent variables, the data were analyzed by binary logistic regression using statistical product and service solutions v.26. The results show that: in the non joint crime, social harmfulness dominates whether to impose heavy penalty.

Keywords

Post act factor, intellectualization, criminal case