To Recognize The “Subjective Knowing” In Trafficking In And Transporting Drugs Crime

To recognize of “subjective knowing” in Trafficking in and Transporting Drugs Crime has been recognition of the difficulties in the judicial practice. Based on judicial cases, this thesis analyzes the factor of “subjective knowing”. Through identifying the factor of “subjective knowing”, studying its contents and concluding relevant theories, this thesis explores the method to recognize the “subjective knowing” factor in the Crime of Trafficking in and Transporting Drugs. With that study, this thesis conclude that the knowledge factor consists of definitely knowing and probably knowing, and its contents include being aware of drug, the way of trafficking in and transporting and the consciousness of illegality. Presumption has its advantages and validities, so the author put forward an idea that the judge could recognize the factor of “subjective knowing” through proper presumption. Considering the rules and experience, the judge could find practical method to recognize the factor knowledge, and solve disputes in cases in the end.