毒品犯罪主观故意认定问题研究-刑事诉讼法专业论文.docxVIP

Abstract Intention is the subjective element of drug-related crime. Therefore, it is important for the judiciary to check out the subjective attitude of the offender and judge whether the attitude matched the subjectivity during their investigation in the cases of the drug-related crime. In judical practice, however, the suspects who hidden narcotics in luggage or boxes, holding, carring or transproting drugs, even the judiciary uncovered the drugs and verified the objective behavior of the suspects, it is still hard to identify the intentional motivation of the drug crime when the offender defends not “knowing” the drugs as the excuse for justification. Then the subjective intention is somewhat innermost thoughts of men, and it is difficult to be recognized and controled by others. So, the identification about the subjective intention especially “knowing” intention of the suspects becomes the vital important and difficult issue in real drug-related crime cases, and meanwhile it is also a tough problem need to be solved in judical practice. When it comes to this point, i.e. how to identify the predicament of subjective intention, some scholars claim it should be applicable for strict liabity, others introduce new concept of recapitulative perception, still others support the idea of presumption. This paper puts forth the proposition that presumption is the best choice to identify the subjective intention through analyzing the predicament of identification, and focuses on the apply of presumption in real practice. The paper is comprised of four parts, about 35,000 words. Part one, the predicament in identifing the subjective intention of drug-related crime. The judiciary are struggled with this dificulty for long time. This paper discusses the point from two aspects, the theory of criminal law and the judical practice. From the theory part, there still existing disputed matters on the subjectivity, which causes hardship for the identification. From the judical pract