The Discussion Of Drug Crimes Subjective Knowing Presumption

Recently, our country pay more and more attention to strike the drug crimes. In the evidence of drug crimes, it's the most important to prove the criminal suspect subjective knowing deliberately to determine the case face, and distinguish crime and non-crime. However, it's hard to prove the actor to know it subjectively during the the judicial practice due to the particularity of drug-crime. Especially in today's society, drug crime is much more rampant and criminal means is much more hidden. It begains to appear many new things, new form. To prove crime subjective knowing become a big problem to judicial practice. In this paper, I will take MaiMaiDi Gary Wolfe wood as breakthrough point through a case of drug crime knowing that basic problems and subjective presumption of the theory of analysis of the basic problems, and combining the practice. And I will get the conclusion, the drug crimes that presumption of subjective knowing the with choice, and discusse the presumption that drug crimes subjective knowing in the specific application. In the view of the limitations in the application, it will further improve the drug crimes, knowing that the presumption system for subjective judicial practice of processing provides reference for the similar problems by setting up the corresponding applicable condition, the applicable rules and matters needing attention of the regulation.This paper is divided into four main parts:The first part is a typical case. It will introduce transportation drugs, and the cause of the basic facts of MaiMaiDi Gary Wolfe wood and the differences. Finally, from the difference I will get the controversy point- whether they can use the method of presumption to recognize the subjective knowingly drug crimes.The second part introduces drug crimes subjective knowing the basic problem, in this part of the first expounded knowing the connotation and 4 level classifications, through subjective cognition system of from the"certainly know"to"should know". Analyze the drug crime knowing that the definition of the subjective basic content, and point out that the drug crimes subjective knowing there are tremendous identified in the judicial trouble.The third part explains the presumption and drug crimes as subjective knowingly. It introduced the presumption of meaning, classification and theoretical basis and legal basis and the presumption of innocence and beneficial to the defendant of the basic problems of the relationship between the principle. And it would draw the conclusion that we should take it into consideration, the presumption of the drug crime knowing that recognition of the subjective. And then, it would expounds the presumed to drug crimes as subjective knowingly has very important practical significance, the presumption that paper in drug crimes subjective knowing the judicial practice in the specific application.The fourth part mainly expounds the opinions and drug charges of the subjective presumption system construct, and by setting up the presumption in drug crimes that the subjective as applicable condition, the applicable rules and matters needing attention regulation, further improves the presumption of drug crimes subjective system.