The "knowing" In The Theory Of Drug Crimes

In Drug-related crimes there are two aspects of the difficulties in confirming subjectively "been known activities". One is the leaks of legislation. With the second article of "The Suggestions to Laws operation of solving Cases of Drug-Related Crimes" of which is made by Supreme People’s Court, Supreme People’s Procuratorate and Ministry of Public Security in2007describes only "been-known activities" situations of Smuggling, trafficking, transport and illegal possession of drugs except for the other situations which also commit the drug-related crimes. With the tenth article of "Summary of the Forum of judging Drug-Related Crimes" of which is made by Supreme People’s Court in2008describes "been known activities" of provisions of generalities and enumerations to the criminals who commits the drug-related crimes(include10specific situations). Compare with two judicial interpretations, the range of "been known activities" of drug-related crimes has been enlarged, and all the drug-related crimes can be confirmed as "been known activities", but even these specific ten provisions has not yet separated from situations of Smuggling, trafficking, transport and illegal possession of drugs. Another aspect of difficulties is during the operation of the judicial practice. Because of the leaks of legislation and judicial interpretations, there are only four kinds of drug-related crimes can be abided by interpretations as "been known activities", there comes a question:how to judge the rest of drug-related crimes? Because of the unclear way of confirmation, it lead to a serious consequence, which allows investigators regarding such activities of criminals who commit drug-related crimes as a "been known activities" during the operation of judicial practice. It will be discussed in details in the first part of this article.The way to confirm "been known activities" in drug-related crimes is neither inference nor fiction of law but presumption. In this article, on the basis of such presumption, to analysis presumption of "been known activities" in drug-related crimes. Highlighted that "been known activities" in drug-related crimes including:first of all, the range and the level of presumption. It is a presumption that assumes the criminals who commit the drug-related crimes "should know" or "might know" their activities is related to the drug; and the characteristic in these activities(include what has been done and with what method.) Secondly, the burden of proof in presumption. Even if in the presumption assumes those criminals who are regarded as "been known activities" in drug-related crimes, it doesn’t mean that the burden of proof is transferred to them, still, the burden of proof remains with agency of public security organs. The criminals who commit the drug-related crimes retort against the public security can only be regarded as they are exercising their rights to defend themselves. Thirdly, the leak of presumption in "been known activities". The presumption of "been known activities" in drug-related crimes is not provisions of law, it is because of the principle of discretional evidence. It is meaningless to assume "been known activities" in drug-related crimes with such presumption.At last, based on the leak of presumption in drug-related crimes and combine with the judicial practice of drug-related crimes, the writer considers that there are five rules to "been known activities" in practice. And pluses with proof theory of Criminal Procedure Law to propose a solution to the completion of it.