Drug Crime In The Criminal Presumption Subjective Knowledge Study

The criminal presumption is a legislative or judicial rule of law is a rule of law that fact that presumption is based on,is used in the absence of other proof methods when a deterministic inference made from known facts so as to obtain a legal reasoning to determine the facts.The basic facts have been confirmed,there must be a clear or according to the full,allow the other party to refute,these three requirements are applicable to the criminal presumption must be strictly followed,which determines that the legitimacy and rationality.First of all,the basic facts of criminal presumption has been confirmed.That can be directly brought to the party against the burden,the suspect,the defendant at risk criminal responsibility.Therefore,the basic facts of criminal presumption must be true and reliable.Secondly,the criminal presumption must have clear or sufficient evidence.Thirdly,criminal Presumption allows the parties to make a rebuttal.The full text is divided into five parts,as follows:In the first part,the concept of criminal presumption is clarified.First of all,it introduces and analyzes the different theories of the presumption of criminal presumption,and puts forward the conceptual clarification of criminal presumption from the two levels of facts and norms.Secondly,on the nature of criminal presumption,from the fact that the criminal presumption belongs to a proof method;from the normative point of view,criminal presumption belongs to the law rules.Thirdly,the type of criminal presumption can be interpreted from the three aspects of factual presumption and presumption of presumption,presumption of refutation and presumption of refutability,presumption of basic fact and presumption of foundationlessness.Finally,it is pointed out that the presumption of criminal presumption has the difficulty of proving certain facts.The second part points out the practical problems faced by the judicial cognition in drug crime.First,the direct evidence is that the drug drug subjective knowledge of the perfect material but the absence of normal.Second,the enumeration of the provisions of the drug crime to achieve the subjective know that the operation of the convenience of the sacrifice of the logic of the perimeter.Third,overly dependent on the confession of drug offenses subjective knowingly easy for criminals off the crime to open the door.The third part of the drug crime in the subjective know that the need for criminal presumption of several reasons.First,criminal presumption is an effective way to alleviate the difficulties of the judiciary.Second,the criminal presumption is the inevitable choice to implement our country’s drug criminal policy.Third,the criminal presumption is a reasonable remedy that proves that the rule is defective to the rules of evidence.The fourth part of the drug crime in the subjective knowing that the application of crininal presumption of the issue of a series of examinations.First,the presumption of criminal presumption is the result of strict compliance with the principle of legality.Second,the criminal presumption and the presumption of innocence does not exist can not reconcile the contradiction.Third,the criminal presumption of the principle of operation to ensure that the law is reasonable and reasonable.The fifth part of the drug crime in the subjective know how to apply the criminal presumption of the system to explore.First,the drug crime subjective know the principle of criminal presumption is that the basic facts in the presumption of fact between the establishment of a normal link.Second,drug-related crime The subjective principle of applying criminal presumption includes the principle of unifying the presumption of presumption of presumption of innocence and the presumption of innocence,and only the fact that the facts of the case can not be proved by proof of the principle of presumption,the principle of presumption of presumption The most fully defended and defended principle.Third,the drug crime subjective know the application of criminal presumption of the rules,including basic facts must be objective and true,basic facts and presumption of the facts must have a normal link between the prohibition of the second presumption,prohibit the application of the death penalty.Fourth,the drug crime subjective knowledge of the application of criminal presumption of the rule of thumb:in the review of drug-related crime known subjective,the judiciary can be based on the behavior of the perpetrators and other evidence of the case,with reference to these rules of experience to conduct a comprehensive analysis to determine the presumption of the perpetrators subjectively.