Judicial Cognizance Of "Reasonable Interpretation" In The Application Of Subjective Knowledge Presumption

As an important supplement in the proof mechanism,criminal presumption has played an important role in solving the subjective well-known determination.In recent years,the criminal law theory and judicial practice have paid more attention to the discussion of criminal presumption,and the relevant theoretical research has also been more thorough.However,the concept of "reasonable explanation" and the criterion of cognizance have not been expounded in detail,which leads to the lack of unification of the judgment of "reasonable explanation" when the judicial organ has the subjective knowledge The criterion of "knowing" is generally considered "knowing ",and most courts do not justify the " knowing process " in the judgment document.Even a few reasonable judgment papers are prone to fall into the circular argument of " knowing but knowing ".Therefore,clarifying the concept of "reasonable explanation" in criminal presumption and the criterion of cognizance cannot only perfect the relevant theory of criminal presumption,but also provide the theoretical basis and path for judicial practice to confirm the knowledge.Starting with the related concepts of "reasonable interpretation ",this paper introduces the rational interpretation of common semantics and the rational interpretation of criminal law.By distinguishing the ideas,it is clear that the reasonable explanation in the criminal presumption is "a common-sense and common-sense justification and explanation made by the perpetrator against the criminal presumption ".And combing the judicial norms involving "reasonable interpretation ",combining with the concrete cases in practice,it is clear that there are some problems in the judicial practice,such as the identification standard is unclear and the procedure is vague.In view of these problems further in-depth analysis,to explore clear and reasonable interpretation of the criteria and procedures of the need to identify the corresponding measures to solve.In addition to the introduction and conclusion,the text is divided into five parts,with a total of about 42,000 words,arranged as follows:The first part is subjective the basic connotation of reasonable explanation in the application of knowing presumption.This part analyzes in detail the difference between the reasonable interpretation in criminal presumption and the concept of reasonable interpretation in common semantics and the method of interpretation,and the nature of reasonable explanation in criminal presumption is discussed.It is suggested that the reasonable explanation in criminal presumption should be a common-sense and common-sense explanation made by the perpetrator against the criminal presumption.Combining with the nature of the reasonable explanation in the criminal presumption,the conclusion that the reasonable explanation is not only the right of the perpetrator,but also the burden of proof of the transfer of the criminal presumption.The second part is the norm of reasonable explanation in the application of subjective presumption of knowledge.This part combs the 18 judicial norm documents which involve "reasonable explanation" in the presumption of knowledge,and analyzes the characteristics that the current presumption of knowledge has the tendency to refute,the scope of reasonable explanation involves the crime is limited,and the reasonable interpretation is different from the proof of providing evidence.The third part is the determination dilemma of reasonable explanation in the application of subjective presumption of knowledge.In this part,through analyzing the characteristics of the above mentioned judicial norms,combining with the specific cases,analyzing the problems existing in the judicial practice in determining the "reasonable interpretation ",it is clear that in the judicial practice,the scope of the crime applicable to the determination of the reasonable interpretation is not clear,the object of the interpretation is not clear,whether the explanation needs to be supported is not clear,and the criteria for the reasonable interpretation are different.Issues of non-standard identification and relief procedures.The fourth part is about the value of reasonable interpretation in the application of subjective presumption of knowledge.This part mainly discusses the theoretical and practical significance of defining the reasonable explanation clearly.In theory,the determination of reasonable explanation combines criminal presumption,knowing and evidence,standard of proof and so on,which is the practice embodiment of criminal integration.In addition,the correct determination of reasonable explanation can ease the conflict between criminal presumption and presumption of innocence.The fifth part is the measures to solve the problem of reasonable explanation in the application of subjective presumption of knowledge.This section states that there should be limitations in the scope of application of a reasonable interpretation,which should be differentiated according to the different provisions of the law,and that a reasonable interpretation can be made either of the underlying facts,the rules of experience and the presumed facts or the whole.There is no need for evidence to support a reasonable interpretation,but the perpetrator should provide the corresponding clues,the standard of proof of reasonable interpretation is natural,that is,in the general rational person’s view,the interpretation has the possibility of validity.At the same time,we should perfect the confirmation procedure of reasonable explanation from two aspects of investigation procedure and relief procedure.