Study On Subjective And Intentional Cognizance Of Drug Crime

In the drug-related crime,the subjective intention of the subjective intention is the focus of the people,the subjective intention of the drug-related crime is to identify the decisive factor of the drug-related crime,the article illustrates the subjective intention of the drug crime through the understanding of the factors and the will,The paper analyzes the case of the subjective and deliberate determination of the drug-related crime in the judicial practice,and finally puts forward the corresponding solution.This paper is composed of four parts: the first part: analyzing the subjective intention of the drug crime based on the provisions of the Criminal Law,and analyzing the content of the cognitive factors and the will factors of the drug crime,on the one hand,focusing on the subjective "knowing",and reorganizing the understanding of the "knowing".The content and extent of the "knowing" are analyzed and the "knowing" should not contain the need to know;on the other hand,the hope and the laissez-faire two forms of the drug-crime will be analyzed,so that the will factor is also an important aspect of the subjective intention of the drug-related crime;and the second part,Combining with the case,the author puts forward the situation that the subjective and intentional difficulty of the drug-related crime is found in the judicial practice,and the causes of the problem are analyzed,so as to focus on the drug crime,the drug-trafficking crime and the illegal possession of the drug,In addition,in the common crime of drugs,the role of the factors and the will factors of the drug crime in the drug is analyzed in detail,and the joint crime of the indirect intention is discussed in detail;and the third part,The summary of the subjective and intentional method of the drug-related crime mainly includes the direct proof,the strict liability,the presumption and the general purpose method,and the advantages and disadvantages of the several identification methods are analyzed in detail,the fourth part is to choose the presumption way to prove the subjective intention of the drug crime,The paper analyzes the feasibility of the presumption in the drug crime,and analyzes the presumption of the drug-related crime from the estimation of the cognitive factors and the presumption of the will factor,and finally,the principle of the presumption of the application of the presumption in the drug-related crime isfurther clarified.