The Cognizance Of Drug Crime Subjective Fault

The subjective elements of drug crimes must be intentional.Therefore,in the process of drug crimes,the judicial personnel must faithfully identify the subjective understanding of human behavior,and the judgment of the subjective understanding whether meet the requirements of drug crime.The subjective subjective intention belongs to the behavior of human thought and consciousness category,judicial organs can not be through experiential means to to prove it.In judicial practice,the public security organs in the criminal acts of people use bags,cars,houses and other objects hiding drugs,holding,carrying or transportation conditions,even seized drugs,confirmed the objective behavior of people with drug crimes,drug crimes meet the objective requirements,but when the perpetrator of the subjective unknown the justification for the drug as the case,to determine the suspects with drug crime intentionally? Therefore,in handling cases of drug crimes,the criminal suspect The subjective intention especially that subjective knowledge,has become a judicial practice in the treatment of drug crime is the key and difficult problem,is a problem to be solved.How to determine the subjective knowledge of drug crimes,the scholars have different views,some scholars advocated the introduction of the concept of general knowledge;some scholars advocate the application of criminal strict the responsibility system;some scholars respected by the criminal presumption.This thesis based on the analysis of Xiao Moumou drug trafficking case,comprehensive drug crimes subjective cognizance of the problems,analysis of drug crimes subjective knowing related disputes,identify of drug crimes that the subjective criminal presumption should be applied.At the same time points out the deficiency of presumption,including laws and regulations is not perfect,put forward reasonable application principle.