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China's Supreme People's Court has issued a new directive saying that drug traffickers will not automatically receive the death penalty if they were forced to commit the crime because of poverty.
The move has triggered a fierce debate in legal circles and among the general public. It has been suggested that the measure harms the principle that 'all are equal before the law'.
But a commentary in the 'Beijing Youth Daily' says the measure demonstrates what it calls "the humanity of state power toward common citizens".
The newspaper argues that the authority of law should not only embody the power to punish criminals but also have a moral obligation to help the weak.
The commentary says that state power should properly protect people's civil rights, especially the right to subsistence.
It says the fact that citizens take risks to transport drugs because
of severe poverty means that state powers have failed to provide adequate living standards for its citizens. As a consequence, the newspaper points out that it's reasonable to reduce the punishment for criminals driven by poverty rather than greed.
In addition, the article puts forward the belief that the measure will bring concrete benefits in the fight against drug trafficking groups. It says some poverty-driven drug carriers will be more inclined to surrender themselves to police when they know they still have a chance to live.
The newspaper concluded, however, with a cautionary note to judges, saying they should apply the new directive with great care.
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