The Research Of How To Prove Subject Elements Of Crime

Proof of subjective element of crime is a problem in criminaljudicial practice. On the basis of a thorough discuss about the relationshipbetween subjective elements and objective behaviors, this articleproposes that there are such methods to prove subjective elements ofcrime as directive assertion, deductive reasoning, inference, presumptionand legal fiction. Distinction between inference and presumption, theburden of proof and the standard of proof on the issues involved aredescribed. Finally, the article discussed the proof of “knowingly” and“with the purpose of illegal possession” and analyzes the relevantprovisions of judicial interpretation. This article is intended to providesome theoretical guidance for practice to prove the subject element ofcrime.