Study On The Subjective Aspect Of The Crime Of Transporting Drugs

The subjective aspect, namely the subjective elements of a crime, is not only an important standard of conviction, but also affect the important basis of measurement of penalty. The crime of transporting drugs is a serious crime, the subjective aspect is the basis of criminal responsibility. In judicial practice, the subjective aspect of the crime of transporting drugs is not only the key to solve cases, but it is difficult. Therefore, it is necessary to the subjective aspect of the crime of transporting drugs for specialized research. Firstly the subjective aspects of the crime of transporting drugs constitute elements "criminal intent of the cognition factor and will factor, criminal intent and motive for the crime" is expounded. Secondly, to solve drug trafficking crime subjective knowing cognizance difficulties in practice is proposed in this paper will be presumed as identification of drug transport crime subjective knowledge of the effective methods to prove, and the presumption in cognizance of subjective knowing in the judicial application are described in detail. Finally, in the judicial practice often drug trafficking crime of wrong understanding. Therefore, the understanding mistake at fault is also very important. This paper is mainly divided into four parts, about thirty-five thousand words.The first part: the crime of transporting drugs cognition factor in the criminal intention and will factor. First of all, in the understanding of the factors, which is the element of "knowledge" includes two parts that content and degree of knowledge. For knowing that the crime of transporting drugs and knowing that, in the criminal law of our country academia has different theoretical controversy, the paper put forward a their own point of view. Secondly, in terms of will factor, this paper argues that the crime of transporting drugs in the intention of will factor may be constructed from hope, in addition to outside, including laissez faire. There are two main types of drug transport crime specific forms of indirect intent.The second part: criminal intent and motive of the crime of transporting drugs. First of all, whether the necessary elements to constitute the crime of transporting drugs crime purpose, criminal law scholars are positive theory and negative, said that the two theories. This agrees with the affirmation, and to deny that were targeted to refute. Then, the crime of transporting drugs should be based on the flow of drugs for criminal purposes. Secondly, this paper analyzes the role of sentencing motive for the crime of drug transport crime, crime motive is the discretionary circumstances of sentencing. This paper argues that the criminal motivation criminal law can be divided into three types: positive motive for the crime, the neutral of the motive for the crime and the negative motive for the crime. The motive for the crime, the role in sentencing is not the same.The third part: the identification of subjective knowledge of the crime of transporting drugs. First of all, this paper analyzes the practical difficulties of drug transport crime subjective cognizance of the. Secondly this paper puts forward the presumption, identification of drug transport crime subjective knowledge of the effective methods to prove, including summarizes the presumption, presumption identified the basic rules of the subjective knowledge of the rationality and subjective presumption of knowledge. Finally, three aspects of the notes from the judicial presumption applicable to the specific requirements, subjective presumption of law of experience and subjective presumption demonstrates the presumption in the determination of the subjective knowledge of the judicial application.The fourth part: the mistake of drug transport crime and broken. First, the crime of transporting drugs wrong classification. This paper according to the drug trafficking crime intentionally knowing the content of different, the misunderstanding of the crime of transporting drugs for drug transport crime legal awareness of errors and drug transport crime cognition errors of facts in two categories. Second, the crime of transporting drugs mistake at the breaking theory. This article in the analysis of criminal law science circles of law understanding factual errors and understanding error of the fault theory of different theories, the paper puts forward some personal views. Third, the crime of transporting drugs and the legal awareness of false fault. In this paper, the crime of transporting drugs legal recognition errors are divided into three kinds of situations: Crime of transporting drugs, positive mistake of law, crime of transporting drugs negative legal understanding errors and the acts of transporting drugs conviction and sentencing of misidentification, and mainly on two off the detailed on the card. Fourth, the crime of transporting drugs and the fact wrong off. According to the behavior of people to the fact that knowing the content is different, the facts of the crime of transporting drugs mistake can be divided into two categories: drug trafficking crime object recognition mistake and drug transport crime object recognition errors. Then, we object of crime of transporting drugs understanding error and object recognition errors were divided into specific, and these different situations how fault are described in detail.