On Determination Of Knowingness In Calculated Crime

Drug crime is a kind of common and multiple calculated crime. How to identifywhether the actor is knowing in criminal intention subjectively concerns the legal problem ofcrime or non-crime in the calculated crime and it is required by the judicial practice toaccurately understand and hold the problem of “knowingness”. In order to timely andeffectively punish the crimes, assure the human rights and particularly prevent the occurrenceof framed-up and wrong cases, with the continuous development of the science andtechnology in recent years, the increasing concealment of the means of crime, the burgeoningforms of crime as well as the particularity of the calculated crime, it is difficult for thejudicial practice to identify whether the actor is knowing in criminal intention subjectively.This dissertation, viewed from the integration of theory with practice, starting from the drugcrime cases, deeply analyzes the basic issues concerning the knowingness in the calculatedcrime, makes the doctrinal analysis and theoretical study on the legal problems of"knowingness" in drug crime and makes a conclusion that the judgment of the subjectiveknowingness of the actor with the method of criminal presumption is not only an importantmethod to determine the criminal facts as well as an inevitable choice to fight the crimes.This dissertation also discusses the meaning of presumption, the significance of presumptionin determination of the subjective knowingness and the specific application in details;meanwhile, aiming at the difficulties and barriers in judicial application of presumption, italso points out that it is more important to further perfect the subjective knowingnesspresumption system and establish legislative system besides correct understanding of thelimitations of the presumption system. In the judicial practice, the judicial functionaries shallmake the presumption with correct laws and rigorous logic in the specific process of handlingthe cases so as to offer basis for the handling of the similar problems in the judicial practice.