Study On The Application Of Criminal Presumption In Drug Crimes

Under the background that criminal procedure in China still adheres to the principle of "consistency between subjectivity and objectivity",the handling of drug crime cases is faced with difficulties in identifying the subjective elements of the accused’s crime,which makes it difficult to handle a large number of drug crime cases in a timely,effective and accurate manner.At present,the method of criminal presumption has been introduced in normative documents,which provides ideas for solving this problem.However,the relevant rules of the application of criminal presumption in drug crime cases are not perfect,and the application procedure of criminal presumption lacks clear provisions.A series of problems lead to the difficult application of criminal presumption in drug crime cases.In order to solve these problems,it is necessary to do further research on the application of criminal presumption in drug crime cases,so as to effectively solve the difficulty in identifying the subjective constituent elements of drug crime.In addition to the introduction and conclusion,this paper is divided into four parts.The first part of the paper summarizes the research status of the application of criminal presumption in drug crime cases,combing and summarizing the main views on this issue in the current academic circle.The second part is an overview of criminal presumption.Firstly,it analyzes the elements of criminal presumption in order to clarify the internal mechanism of its application.Secondly,the existence basis of criminal presumption is explained to analyze the rationality of the existence of criminal presumption.Thirdly,the criminal presumption and related concepts are analyzed to clarify the meaning of criminal presumption and lay a theoretical foundation for further analysis of the application of criminal presumption in drug crime cases.Criminal cases of the third part is the drug presumption rules and applicable value,and to our country current drug cases dealt with in the process of presumption rules in detail,reveal the criminal presumption in current drug crimes to handle the process summary for the status quo,and through the system of value analysis,clear the necessity of the applicable criminal presumption in drug crime cases.The forth part is the existing problems about the application of criminal presumption in drug crime cases.Through the analysis of the relevant rules of presumption,combined with the application of criminal presumption in judicial practice,the paper sorts out,summarizes and summarizes the relevant problems of the application of criminal presumption in drug crime cases.The fifth part is the perfect path of criminal presumption in drug crime cases.This part adhere to the principle of problem-oriented,based on the defects of the current system,put forward the relevant reform and improvement suggestions.Basic principles,in the aspect of law shall be applicable to the specific include clear clear on drug-related criminal presumption rules,restrictions,drug-related criminal presumption of the applicable conditions,clear criminal presumption of suitable initiator and accurately establish the applicable effect of drug-related criminal presumption,standardize the procedures of criminal presumption of contradictions,in order to better play to the criminal presumption in finding drugs crime crime subjective constitutive requirements on the advantage and value.