Research On Subjective Knowing Presumption Of Drug Crime

At present,the global drug problem is becoming increasingly serious,with the characteristics of grouping and professionalization of crimes becoming more prominent,the methods of crimes becoming increasingly secretive and diversified,and the difficulty of cracking down on drug crimes.In the fight against drug crimes,the perpetrator's subjective proof of drug crimes is clearly related to the determination of crime and non-crime.In order to correctly use the law to deal with increasingly complex drug crimes,the Supreme People's Court,the Supreme People's Procuratorate,and the Ministry of Public Security and other departments have successively issued a series of normative documents to combat drug crimes,providing some methods for determining the subjective "knowledge" of perpetrators.Guidelines and rationale.However,this did not fundamentally solve the problem.Defining the content of "knowledge" in drug crimes is the prerequisite for solving the problem of "knowledge".In drug crimes,both in legislation and in judicial practice,there is a confusion of identifying the perpetrator as "knowingly".In terms of legislative provisions,enumerated provisions have been unable to meet the needs of judicial practice;in judicial practice,there is no uniform standard for the determination method,and cases such as excessive reliance on confession in cases are urgently to be resolved,especially due to the special nature of drug crimes.The singleness,immediacy and fragility of evidence have made it more difficult to fight drug crimes.For this reason,presumption is generally used in judicial practice to resolve this difficulty.By demonstrating the feasibility and effect of applying presumption,when it is impossible to directly prove "knowledge" with evidence,then presumption is introduced to determine that "knowledge" is the optimal choice at this stage.But presumption is,after all,a sub-optimal method of determination,and its own contingency determines that the use of presumption may lead to unjust,false and wrong cases.This article analyzes the current status,existing problems,and causes of subjective knowing use of presumptive drug crimes through comparative analysis,literature research,and case studies,and further summarizes the basic principles,rules,and methods of presumption.The law is applied to achieve statutory crimes and punishments,with equal responsibilities and penalties.The body of this article is divided into five parts.The first part first sorts out and redefines the concept and connotation of drug crimes,with a view to clarifying that this article is based on the discussion of drug crimes.Secondly,it sorts out the concepts and contents of subjective knowledge,and then the composition of subjective knowledge in drug crimes.And the status is explained in order to introduce the premise of the formation of the final problem in this article.The second part focuses on the method of identifying subjective know-how in drug crimes,that is,the presumption of related theories,in order to clarify the concept and nature of the presumption,and pave the way for the following how to use the presumptive method to identify the perpetrators in drug crimes.The third part is to sort out and analyze the current status of the subjective knowledge of the presumed perpetrators in drugrelated crimes in China.Secondly,we searched the procuratorial documents and adjudication documents of the perpetrators' known drug cases in China through the Alpha database,using big data.The functions have been preliminarily sorted out,and12 court ruling documents that the court denies the prosecution's subjective and knowing public prosecution opinion to be free from criminal punishment and innocence,as well as the ruling documents for the second trial to modify the acquittal case,are analyzed in detail.Viewpoints;The fourth part is the collation and analysis of the documents.The specific problems are mainly concentrated on the four aspects:imperfect theoretical foundation,difficult evidence collection and verification,strong confession dependence,and inconsistent identification methods,and analyzes the corresponding causes.The fifth part discusses the issues raised,and perfects the application of presumption in judicial practice from three aspects: presumption principles,presumption rules and evidence rules.