A Study Of "Clearly Know" In The Drug Crimes

Alone with the spread of drug crimes, Supreme People’s Court, Supreme People’sProcuratorate and Ministry of Public Security released a serious of normative documentsabout drug crimes in succession, providing guide and basis for the approaches to identify theperpetrator’s "clearly know" in subjective aspect. But it has not solved the problemfundamentally."clearly know" identification is the precondition of solving "clearly know" problems."clearly know" in drug crimes could be divided into two aspects, one of them is factualcontent of intention. Another is content of intention for illegality. In drug crimes, the problemof "clearly know" is widely existed in both legislative and judicial aspects. As for thelaw-making stipulation, it can be find that juridical practice’s need can’t be satisfied byenumerative regulations. In juridical practice, there is no unified standard for way ofidentification. The problems such as over-dependent on oral confession ought to be solvedsoon. Actually the singleness, immediacy and delicate traits of evidence cause by particularityof drug crimes increase the difficulty for fighting with drug crimes.Because of the reasons above, presumption is widely used in judicial practice for solvingthe difficulty for identification. By demonstrate the feasibility and effect of presumption toprove that if "clearly know" can’t be proved directly, the presumption be introduced toidentify "clearly know" is the optimal choice currently. However, presumption is thesuboptimum way of identification. The probability of unjust is always exists in judgments bypresumption.Lastly, according to the drawbacks of presumption rules and current situation of juridicalpractice, this thesis put forward five principles while using presumption. making presumptionscope by defining facts, restrict randomness of presumption. it also suggested to establishspecial adjudication division especially for drug crimes cases and strengthen judicialcooperation.