On The Presumption Of "Knowing" In The Crime Of Drug Trafficking

"Knowing" is an important concept in the criminal law, and it is one of the core contents of criminal intention. Knowing that there is a general knowledge and specific knowingly, drug smuggling in knowing that belong to specific knowledge, namely the crime suspect, the accused person know or should know that the smuggling of drugs. Knowing that it is a kind of psychological activity, it is a subjective aspect of crime, how to identify the suspect and the defendant is the most difficult problem in criminal judicial practice. In order to crack down on the crime of smuggling drugs and solve the difficulties in judicial practice, the state has issued judicial interpretation and normative documents, and lists the 9 specific circumstances that can be presumed to be presumed. However, judging from the present situation, judicial interpretation and normative documents still exist obvious lag. This lag, in the judicial practice to deal with crime means become concealed, changeable drug crime. Therefore, in the crime of drug smuggling "knowing" identified in the application of presumption is the inevitable choice.In the crime of smuggling drugs "knowingly" identified in the application of presumption is in under the premise of a rule of thumb, by fully, the true facts push derived presumption of fact and that criminal suspects and defendants with subjective knowledge of a kind of thinking activity process. Although the presumption lowers the difficulty of knowing whether to a certain extent, but this should not neglect risk presumption itself. Because of the presumed to have a high degree of probability, can not be ruled out the very state of contact between the basic facts and the presumption of fact, also cannot avoid the judicial personnel in the application of presumption of appear arbitrary of, of criminal suspects and defendants in contempt. Therefore, it is necessary in the application of presumption in determining conservative application of presumption rules, to construct the procedure of presumption, formed the judicial officers occupational groups homogenization mode of thinking, the use of other methods confirmed and allow criminal suspects and defendants of presumption of fact or adequately to refute, to reduce estimation risks and prevent misjudged cases.