Research On Proving The Subject Element "knowingly" Of Drug-related Crime

Fiercer drug crimes in our country in recent years,the number of drug crimes is rising year by year,minor organ in the judicial practice encounter many problems to be solved,these problems have a direct impact to the fight against drug crime,not to solve this kind of problem,to prevent and curb the occurrence of drug crimes.This article attempts to deal with the main problems of drug crime cases,analyze the causes of these problems,puts forward the theoretical circle and judicial practice,the existing method and carries on the introduction and evaluation,put forward measures and Suggestions to further strengthen the fight against drug crime,explore the anti-drug laws and countermeasures,and the fight against drug crime further summarize the experiences of drug control and the fight against drug crimes,in order to curb high rates of drug crime cases.The first part of the article introduces the drug crime subjective the concept of "knowledge",combined with the subjective intentional crime in criminal law theory related theory,to define the scope of "knowing",at the same time on drug crime subjective "prove" on the basis of the basic proof of principle,for the study of the problem.The article second part first to drug crime subjective important document in the current judicial practice proved difficult performance,and then prove that the cause of the difficulty is emphatically discussed,mainly from the perpetrator subjective factors and drug crimes detailed analysis of both its own particularity.The analysis of the reason,is the premise of the proposed solutions to prove difficult.The third part of the article mainly introduces the solve the problem of drug crime subjective "knowing" prove that the traditional method and the new method,the traditional methods including the use of direct and indirect evidence to prove that the case of evidence,but the particularity in drug crime cases,the traditional method is insufficient,unable to do need other proof method,therefore the theoretical circle three new proof method is proposed,and is reflected in the relevant judicial documents.But the three kind of new method must conform to the rules of relevant certificates,after to evaluate three methods,it is concluded that the presumption method can better apply to the drug crime subjective proof problem.Presumption in the fourth part of the article is to explore the subjective "knowingly" prove that the concrete application in drug crimes,first of all,briefly introduces the classification of presumption,the presumption of listed in the general rules and application of drug crimes applicable rules and regulations,to carry on the principle of limit,to address the shortcomings of the presumption of its own.Then from the person own two aspects of personal factors and the offender's conduct detailed research,on the behavior of the concrete person information related to key collection,factors that actor itself as a supplement,has important reference value.After the estimate theory discussion on the use of give two examples to illustrate how to apply presumption in specific cases,improve the presumption of practical use,it is concluded that the use of presumption and not in isolation of the individual behavior,and needs to be individually analysis after the macro grasp each item.