On The Criminal Presumption Of "The Purpose Of Illegal Possession"

The subjective purpose is generally displayed through certain externalized behavior,and thus,it is an empirical normal to explore the subjective purpose of the objective behavior,which is the presumption of the prototype.From the perspective of the pursuit of the truth of the law,the use of presumption does not exist in a logical loophole,but in terms of its specific application in the criminal judicial practice,the single affirmation of judicial interpretation can not cope with many complicated situations in the current practice,but on the contrary,the more applicable,the more applicable the judicial interpretation is.Fossilization,which is objectively committed and mechanically applied,is a normal phenomenon.The subjective level of proof itself is quite difficult.After the introduction of the presumption in criminal judicial practice,in view of the immature application of presumption in our country,the concept of presumption is not quite different,and the understanding of the nature of the presumption is more different.However,in the pursuit of efficiency,it is easy to ignore the protection of the rights of the actors,which leads to a series of difficult problems.That is,the operation between judicial interpretation and judicial practice is not seamlessly butted,there are still certain contradictions and gaps,and the standard of judicial interpretation is not enough to solve the problems presented in practice.In this paper,the criminal presumption of "the purpose of illegal possession" is discussed,and the specific circumstances of the application of criminal presumption in practice are combed,and the presumption is distinguished from the related concept,the connotation of the presumption is clear,the concrete application of the presumption isregulated from the essence of the presumption.The method of enumerating presumption cannot solve the problems in practice.It is necessary to clarify the boundary of the presumption of the criminal people under the thought of comprehensive identification,and combine the thought of the comprehensive identification under the affirmative presumption and the direct cognizance under the negative presumption,so as to achieve the consistency of the subjective and objective views.The full text is divided into four chapters.The first chapter of this paper makes a comparative analysis of the provisions of judicial interpretation and the practice of judicial practice,and combs the specific problems of the criminal presumption of the purpose of illegal possession in the physical and procedural aspects.From the fact that the basic facts of the judicial interpretation are not very clear,the current presumption of abuse and the presumption of the boundary of the people's punishment lead to the concrete predicament in the judicial practice.The second chapter mainly analyzes the specific reasons for the above problems,points out the current people's excessive dependence on presumption and the misunderstanding of the presumption,and distinguish it from reasoning,inference and legal system,and clear the relationship between presumption and judicial proof,and point out that it is a means to make up for the lack of judicial proof,and then analyze the current situation.The reason for the predicament in the criminal presumption level of "illegal possession purposes" is to comprehensively analyze the substance and procedure of criminal presumption.The third chapter mainly puts forward solutions to the above problems in order to standardize the concrete practice in judicial practice and avoid repeated mistakes in judicial practice.Therefore,we can set corresponding provisions on the level of protecting the rights of the perpetrator in both substantive and procedural aspects,so that it can be concluded when it is concretely presumed.Combined with the idea of comprehensive identification to identify.The fourth chapter mainly puts forward the concrete idea of perfecting the presumption rules,and under the existing rules of proof,insisting on the combination of subjective and objective view and grasping the strict interpretation of the criminal law view,so as to make a comprehensive identification of the combination of affirmative presumption and negative presumption.In combination,a combination of factors identified ideas,achieve proportionality.