The purpose of this study is to compare the special provisions of other countries on the "trafficking of drugs" penalties to review the amendments to the crime of drug trafficking in Taiwan. Through the analysis of the judgments of Taiwan`s courts, the discussion of expert focus groups, and the questionnaire survey from the imprisonment prisoners, all information were cross-analyzed from three angles to understand the attitude of the court and the inmate to the sentencing factors of drug trafficking crimes, and to understand the effect of the above-mentioned sentencing factors.
The results distinguish three parts found that:
1. The Comparative law research found that in the United States, Germany, and China, there are legislative provisions for "special sentencing standards" for drug trafficking crimes. They will target the "quantity" of drug trafficking and different types of drug trafficking methods (such as carrying weapons and drug trafficking, gang trafficking, using computer network for drug traffing, using minor for drug trafficking, and drug trafficking to minors). Instead of punishing all drug trafficking (including manufacturing and transporting drugs) by "death penalty" or "life imprisonment", they are given different penalties for drug trafficking according to the characteristics of their behavior and according to the degree of harm to the society in order to defeat those organized, large-scaled and middle-scaled disciplinary drug traffickers. In Japan, the criminal punishiment specifically identified “Intermediary” such a criminal type to provide a proper punishment evaluation in law and also to solve the problems in; “Joint ventures to buy drugs”, “purchasing drugs for others”, "helping others to use drugs" and "helping others to sell drugs". In Hong Kong and in Macao, a number of drug trafficking sites (such as hospitals, institutions, schools, dance halls, hotels, KTV, and bar) are added for aggravated penalties to prevent continuous drug trafficking at these drug trafficking hot spots and to avoid greater harm to the society. In Macao legislation, it is even more stipulated that "the drug traffickers use the means of modulation or mixing to deter or falsify drugs and increase the harm to the life or physical integrity of others" to solve the problem of mixed drugs.
2. The qualitative research found that the problem of "trafficking mixed drugs" and "using computer networks for drug trafficking" is serious at present. Mixed drugs" are highly likely to cause death. "The use of computer networks for drug trafficking" has a strong spread, which greatly enhances the harmfulness of drug spread. However, the "sentencing factor" of the current law essential element does not show the viciousness of "mixed drugs" and "use of computer networks for drug trafficking".
3. The quantitative research found that the results of the questionnaire survey conducted by the 315 prisoners in Taiwan on different types of drug trafficking methods (such as using young people for drug trafficking, drug trafficking on campus, drug trafficking using computer networks, and the frequency of drug trafficking) will also change the drug trafficking the behavior patterns of drug traffickers in trading drugs. It is worthy of reference as a punishment for the "sentencing factor" punishment for drug trafficking in Taiwan.
The problem of "drug trafficking" penalties in Taiwan is not that the penalties are not severe enough, but rather the lack of detailed "sentencing factor" legislative design to guide drug traffickers' "behavioral patterns". The aggravation of severe punishment may not be effective, the "speed" of the penalty and "the certainty" of the penalty are the most frightening resistance to drug traffickers. In order to avoid the judge's subjective and arbitrary decision-taking, it is also necessary to guide the sentencing trend of judges with the "sentencing factor" legislative design