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The Subjective Element Prove Drug Crimes Research

Posted on:2014-11-26Degree:MasterType:Thesis
Country:ChinaCandidate:R GeFull Text:PDF
GTID:2266330422466703Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Since the opium war, the drug continuously enter China, development andexpansion, it cause great harm to individuals as well as to the society as a whole coveredwith huge shadow. This should be in view of the practical problems existing in drug casesto find out an effective method of crime. In the judicial practice, the offender havesubjective mens rea has always been the focus of the debate over the prosecuting anddefending parties in question. Drug crime subjective aspect is of essential element of thecriminal law provisions on facts, and important content of the criminal procedure law topermit the case facts, its confirmed to deepen the contents of the subjective and objectiveunification principle and the subjective meaning of fault liability, the timely punish crimeand reduce the wrongs and safeguard human rights, realize the justice and efficiency ofboth has the positive significance.The purpose of this paper is to through the empirical analysis and comparativeresearch methods such as drug crime subjective important document, the specific contentof the problems existing in the practice, based on the analysis of its causes, in order to putforward concrete solutions. At this stage that drug crimes mainly through evidence andcriminal presumption, When the collected evidence is difficult to form close completechain of evidence, in reality, adopt the method of presumption that know more due to itshigh depends on the probability of the rule of thumb, and constructive allow evidence tooverturn. Finally, tries to drug crimes by criminal psychology analysis of typicalpsychological characteristics in order to help determine the subjective importantdocument, argues that in the process of litigation attaches great importance to thepolygraph conclusion emerging scientific means such as auxiliary evidence collectionand application. The research hopes to expand our country the drug crime subjectiveimportant document to prove the specific ideas to improve the subjective aspects to provethe feasibility and accuracy of the contribution.
Keywords/Search Tags:drug crimes, subjective elements, judicial proof, criminal presumption
PDF Full Text Request
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