| Drug-related crime is a kind of intentional crime which have great damage to society. How to determine whether the actor knew subjectively related to the juristic problem whether it’s a crime or not, which required us to understand and master the problem of knew in judicial practice. As technology develops these years, the means of crime has become much covert and its forms became richer. And further, Drug Crime has some special characteristics which make it difficult to determine whether the actor knew his crime in juristic practice.Accurate determination of the subjective "knowing" of the person’s subjective "knowing " perfectly well, it is helpful to realize the dual purpose of striking crime and protecting human rights. The thesis makes a depth analysis on the basic problems of knowing in calculated crime by combining theory with practice. Based on the research of the typical case analysis, summarizes the method apply the presumption of the feasibility and necessity. Finally, according to the problems in the judicial practice, put forward the suggestions.This thesis is divided into four parts:The first section describes the “knowing” of drug crime in our country. It summarizes the concept and constitutive elements of drug crime, search for the important means of determining “knowing” subjectively. And then, it analyses the details in “knowing” of drug crime.The second section analyses the status and problems of the determination on “knowing”. It discusses from three aspects: legislation, judiciary and the argument of determination.The third section acquires some inspiration and reference of extraterritorial legislation by investigating the legislation and judiciary in extraterritorial countries and learning its advanced experience based on considering the differences of legislation between our country and extraterritorial countries.The forth section summarizes the best way to judge “knowing”—presumption based on concluding the defect of the current way to determine “knowing”. However, presumption would get some difficulty in adapting the environment of legislation. So, the thesis proposes some advice to perfect presumption institution, hoping that it takes benefits to juristic practice. |
