A Study On The Judicial Problems Of "Subjective Knowing" Of Drug Crimes

"while the priest climbs a foot, the devil climbs ten".For the sake of getting more profit from the illegal business,drug dealers would rather take great risks.Drug cases showed a new, personalized and the some one involved in the case becoming increasingly sensitive about the anti investigation ability.All of these increase the difficulty of judicial practice. The particularity of drug crimes from general ones makes "proof of subjective knowing"the most basic source of conviction.The legislative and judicial interpretations are not exhaustive enough to cater to the new situation.This paper is focused on the starting point of "subjective knowing",hoping to achieve some breakthrough in the drug criminal practices of investigation.The investigation of subjective knowing"in this paper is divided into three sessions.First,it starts with the present situation of the judicial practices on how to find evidence to prove the criminals’"subjective knowing"On the basis of this, the paper analyzes the source of evidence and the current situation of drug cases. Get a clear understanding of the situation in order to better identify confusion, which leads to the second part of this article about the judicial practice poisoning drug crimes "subjective knowing the identity dilemma of exposition, theoretical basis for the lack of subjective knowledge",the difference from general crime presents the behavior main body and the evidence confirms the relevance between the confusion, the judicial practice proof mode, Procuratorate supervision and court affidavit plot is formed between the identity dilemma of in-depth discussion.Known confusion and then solution, we cannot expect legislation become the master key to open the any problem, based on drug crimes "subjective knowing "identity dilemma, First,we can try to introduce the "presumption" attached to more formal mechanisms to compensate for the lack of theory; Secondly, make the rules of evidence more sophisticated. according to the particularity of drug cases to strengthen its position in the confession. At the same time strengthen its legitimacy.Treatment of the identification need more rational; Finally, the prudent use of the testimony of witnesses, to avoid the half truths lead to the occurrence of miscarriages of justice.Finally, facing to the personalized of drug-cases, make the "presumption" of regulatory mechanisms as a complement to the theoretical level; practice grasp the applicable rules of evidence level of oral confession, pay attention to the expert opinion of the admissibility of scientific rationality.Then, determined and limited the testimony of a witness in drug cases. Thus, combine of theory and practice, the solution to the problem of drug cases about the bottleneck "subjective knowing" that will be direction of the trend.