Drug Crime "Subjective Knowledge" Of The Criminal Presumption Research

In recent years, the number of cases of drug crime in our country is increasing year by year, judicial departments face many problems in practice, some problems directly affect the crackdown on drug crime, can not be solved properly, dealing with similar issues, is not conducive to the effective prevention and control of drug crime. This paper tries to research on drug crime, according to the main problems existing in the management part in drug cases, analyze the reasons of the problems, puts forward the theoretical question of criminal presumption is widely used in the judicial practice, analysis method, comparative analysis, empirical research method, literature method, logical analysis method of economic analysis methods by case, the combination of theory and practice, put forward measures and suggestions to further strengthen the fight against drug crimes, to explore the laws and Countermeasures of drug control and the fight against drug crime, drug control and the fight against drug crime further sum up the experience of judicial practice, in order to effectively curb drug crime incidence condition.In the first part of the article, a detailed example of a typical ethnic areas in Northwest drug crime cases highlighted by the case to illustrate the reality of judicial practice problems encountered in Northwest Ethnic Regions and briefly describes the current country to combat drug crime laws, regulations, the author elaborated confusion arising in judicial practice, pointing out the current situation of the judiciary to deal with drug-related crimes deficiencies and difficulties.The second part of the article mainly introduces the criminal presumption and drug crimes "subjective knowing" concepts, namely:the criminal presumption is based on the normal relations between laws and regulations, provisions established by experience or rules to be proved and the basic facts, basic fact indeed confirmed that the facts to be proved, can be found there, but allowing the adverse presumption of litigant proof retorted, and achievement of a supplementary proof normalization rules. The solution to the drug crimes in criminal presumption "subjective knowing" that difficult ways, characteristics and its problem solving model, and its effect is analyzed, in we need to protect some great benefits, but it is difficult to prove that a violation of interests of the crime, it is urgently needed for the criminal presumption.The third part mainly by way of empirical investigation, the criminal presumption in the judicial practice the concrete application of domestic laws, regulations, quoted on the criminal presumption rules, and the analysis of its internal relations, the research conclusion of criminal presumption has validity, universality, flexibility and other inherent advantages, answered the criminal presumption elements, i.e. between the basic facts and undetermined fact normal contact connotation, elaborated the legal, reasonable basis, the author express the rationality of support.The fourth part the author discusses the defects, the criminal presumption is short board, pointed out that it must be regulated by law, its reason is fuzzy, and the rule of law of potential conflict. At the same time, through the study of comparative law introduces the foreign regulations on criminal presumption, research path and domestic scholars on this issue. The regulation on the judicial practice of criminal presumption based on China, and gives the suggestions of the author’s own system. The presumption of fact and the presumption of law were discussed, analysis, reasonable path on regulation of criminal presumption to discuss, put forward by the Provincial Judicial Review of regulation system and so on, and to fit the purpose of the operation of judicial practice.The fifth part discusses the general rule and the special method of drug crimes "subjective knowing" Application of criminal presumption, put on the part of drug crimes "subjective knowing" of that problem, applicable local judicial practice,"general knowledge","should know" criminal deduce method to solve, clarity of criminal presumption and is not suitable for all the drugs crime. The author also technical investigation data conversion, drug content analysis, property penalty of punishment in judicial practice experience hackle, with a view to the criminal presumption in judicial practice is more useful. Our party’s eighteen big since, in the judicial reform of criminal presumption must, subject in the judicial reform, the author also hope to reform the criminal presumption more productive, as far as possible to take care of our real life. This paper discusses the criminal presumption, is a complex, highly practical academic subject, it not only with the substantive law of constitutive elements of crime, crime constitution system are closely linked, and that responsibility, procedural law standard, litigation mode, rights issues intertwined, point to surface binding, echoed. The judicial practice especially for drug crimes in some areas of our country, how to apply the criminal presumption to solve the drug crime in "subjective knowing" that problem, but also a very complex issue, not simply invoke the relevant judicial interpretation and criminal law provisions can make accurate identification. Fuzzy, auxiliary basic attribute of criminal presumption, also has decided that it must be the corresponding regulation, to prevent its abuse, to prevent the abuse of judicial discretion. The special attention is, how to make the application of criminal presumption and create harmony with the existing legal system of our country, and adapt to China’s current criminal judicial environment, is not only a theoretical discussion and academic debate can suddenly solved, the satisfactory solution, is a huge system engineering.