Research On The Application Of Criminal Presumption In The Subjective Knowledgeable Cognition Of Drug Crime

Criminal theory carries out the principle of unity of subjective and objective,which is to convict and sentence according to the evidence of the case on the basis of synthesizing the subjective intention and objective behavior of the criminal suspect.The standard of proof for conviction and sentencing of intentional crime cases should reach "clear facts,reliable and sufficient evidence",but some cases such as drug crime cases,such as some elements of subjective intent because of its particularity,can not meet the standard of proof,there are difficulties in proof,so the theory of criminal presumption is introduced.The goal of criminal presumption is to eliminate reasonable suspicion,which is rooted in the rule of experience.Because of the high probability of the rule of experience,the conclusion drawn is not necessarily,so it may lead to unjust and false cases.The theory of criminal presumption is widely used in judicial practice,including drug-related crimes,duty-related crimes and so on.This paper attempts to prove how criminal presumption theory can be used to identify criminal suspects as intentional crimes with subjective knowledge of drugs in drug-related crimes from the perspective of judicial practice through case analysis of Ma Mou's drug transportation.As the basis of presumption,we should first ensure the accurate identification of the basic facts of drug crimes,including the legality of the acquisition and acquisition procedures of the confessions of criminal suspects,the legality and integrity of drug seizure procedures,and the reinforcement of confessions between criminal suspects.Considering the particularity of drug-related crimes such as high concealment and difficulty in obtaining evidence,we should ensure that all links of drug-related crimes investigation and evidence collection are strictly in accordance with the provisions of the law,so as to avoid the fact that the basic facts of the cases can not be determined due to procedural violations.Secondly,we should standardize how to make criminal presumption through logical judgment and empirical rules.Our country has relevant provisions on the application of criminal presumption in judicial practice.How to regulate the application of these Provisions to ensure that the results of presumption can achieve the purpose of eliminating reasonable suspicion and accurately cracking down on crime.Finally,the right of criminal suspects to counter the presumptive results should be protected.Because the presumptive fact lacks evidence support,it deduces another fact directly from one fact.Therefore,the right of criminal suspects to counter the presumptive conclusion should be guaranteed in order to safeguard the legitimate rights and interests of criminal suspects and prevent unjust,false and wrong cases.