Narcotics Crime "Subjective Knowing" Presumption In The Criminal Judicature Research

In recent years,China's sustained development of the people's war,the crackdown on drug crime,drug situation remains stable,the momentum of the spread of drugs did not become a major social problem of social stability and people's live and work in peace.However,Chinese faced with domestic and international drug situation is still grim,complex.The area,the to undertake the Guangdong and other places of drug crime,drug manufacturing and illegal production,sale,transportation of precursor chemicals crime phenomenon.Drug crimes,especially the use of such raw materials for the synthesis of new drug manufacturing drug crimes,has become the focus of the local judicial organs in the process of handling casesPay attention to the types of cases.The drug crime case handling process,there have been some new situations and new problems,which are involved in such aspects of subjective knowing excuse is the main problem.This research attempts to apply for nearly two years of drug manufacturing crimes,through case analysis method,comparative analysis method.The empirical research method,logical analysis method,combining theory and practice,put forward to determine the way and method of difficult problems that the subjective in the process of judicial practice,further sum up the fight against drug crime management experience,in order to realize the fair,efficient handling of drug manufacturing crimes,to effectively curb drug crimeThe high incidence of crime.The full text is divided into five chapters,the main contents are as follows:The first chapter:starting from with typical significance in the local drug cases,usually justify proposed subjective knowing people involved in the manufacturing process of handling drug cases.Through the study of subjective knowing of the concept,put forward manufacturing drug crimes identified difficulties in knowing,and trafficking,drug transport and other traditional significance on the subjective cognizance of difficult crime types are compared,put forward to find a solution path of criminal presumption.The second chapter:the interpretation of criminal presumption theory,analysis of criminal presumption in the process of drug manufacturing crimes "subjective knowing" in the way and effect is conducive to combat drug crime,show the criminal policy,but also improve the efficiency of the proceedings.The third chapter:by way of example,study the feasibility and advantage of the use of criminal presumption in practice.At the same time,according to the relevant provisions of the domestic law such that the subjective crime of current reference and introduction,reflect the deficiency of the current law and judicial interpretation.It attempts to analyze the criminal presumption the practical advantages,let the criminal presumption in the narcotics crime more as identification of the subjective aspects.The fourth chapter analyzes the defects of criminal presumption in practice and compares the relevant provisions of criminal presumption in dealing with drug cases abroad,so as to put forward some suggestions on the application of criminal presumptionThe fifth chapter summarizes the general rules and special methods of criminal presumption in drug manufacturing crimes for the prospect of the theory of criminal presumption should be some positive role conception and realization ways in the reform of criminal procedure in the new system.