| Intention is the subjective element of drug-related crime.Therefore,it is important for the judiciary to check out the subjective attitude of the offender and judge whether the attitude matched the subjectivity during their investigation in the cases of the drug-related crime.In judical practice,however,the suspects who hidden narcotics in luggage or boxes,holding, carting or transproting drugs,even the judiciary uncovered the drugs and verified the objective behavior of the suspects,it is still hard to identify the intentional motivation of the drug crime when the offender defends not "knowing" the drugs as the excuse for justification. Then the subjective intention is somewhat innermost thoughts of men,and it is difficult to be recognized and controled by others.So,the identification about the subjective intention especially "knowing" intention of the suspects becomes the vital important and difficult issue in real drug-related crime cases,and meanwhile it is also a tough problem need to be solved in judical practice.When it comes to this point,i.e.how to identify the predicament of subjective intention,some scholars claim it should be applicable for strict liabity,others introduce new concept of recapitulative perception,still others support the idea of presumption.This paper puts forth the proposition that presumption is the best choice to identify the subjective intention through analyzing the predicament of identification,and focuses on the apply of presumption in real practice.The paper is comprised of four parts,about 35,000 words.Part one,the predicament in identifing the subjective intention of drug-related crime.The judiciary are struggled with this dificulty for long time.This paper discusses the point from two aspects,the theory of criminal law and the judical practice.From the theory part,there still existing disputed matters on the subjectivity,which causes hardship for the identification. From the judical practice part,I demonstrate following ways to analyze the specific troubles in identification according to the particularity and complexity of drug crime.①Allure to investigate.②Employ drug trafficker.③Selling,planting and taking drugs.④The cases relevant to crack down the drug trafficking ouside the scene of drugtrade.⑤Helping in buying drugs.⑥The difficulty in proving the jiont crime.Part two,the specific content of the subjective intention of drug-related crime.This section I doctrine the disputed matters of the subjective part of drug-related crime in criminal law circles,and make the theory foundation in below to discuss how to identify the subjectivity.These disputed matters include:1.What are the guilty froms of drug-related crime? 2.Is the indirect narcotics do belongs to the subjetive intention of drug-related crime? 3.Whether "for the purpose of making profits" is the objects of the drug-related crime? 4.Do the scienter of the crime of concealing drug include knowing for the criminals?Part three,the standpiont and the best choice of identifing the subjective intention of drug-related crime.Methodology of the identification is widely discussed in theory circles. Some scholars claim it should be applicable for strict liabity,others introduce new concept of recapitulative perception,still others support the idea of presumption.This section I recount and review the above three ideas respectively,and propose that presumption is the essential and applicable way to sovle the problem.Because of the characteristics of popularity and subjectivity,the apply of presumption must be regulated.Part four,the apply of presumption in identifing the subjective intention of drug-related crime.This part mainly demonstrates that how to apply presumption while faced with the predicament of identification in judical practice.This section focuses on:1.The presumption about subjective "knowing" in drug crime.2.The presumption about the purpose of "Smuggle","Traffic in ","Transport","Manufacture"narcotic drugs subjectively.3.The presumption about subjective intention of joint drug crime.
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