新型毒品犯罪推定明知适用规范的厘清

New Drug Crime Premises to Understand the Application of Specifications

新型毒品花样不断翻新导致误带、骗带案件持续增多,主观明知作为毒品犯罪定罪量刑重要因素认定愈发困难。尽管经过了14份办案规范的规定,我国毒品明知的推定规范仍存在客观归罪、与刑法基本原则相违背、自身或然性导致错案裁判等风险。因此,毒品犯罪中对于主观明知的判断应当谨慎适用推定规范、以客观事实为基础使主观达到概括性明知,同时在刑法上限制适用死刑,才能实现毒品犯罪主观明知推定中打击犯罪和保障人权的平衡。

New drug tricks continue to refurbishmentwhich leads to incident, and the liary cases have continued to increase, andsubjective understanding is difficult to determine the important factors ofdrug crime. Despite the provisions of 14 cases of cases, my country’s drugknown specification still has an objective and guilty, and is contrary to thebasic principles of criminal law. Therefore, in the crime of drug crimes, thejudgment should be carefully applied to the estimated specification. Based onobjective facts, the subjective facts have reached a general understanding, andat the same time it limits the death penalty in criminal law, which can realizethe subject of drug crime to hit crime and guarantee human rights balance.