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毒品因其具有严重的成瘾性,走私、贩卖、运输、制造、非法持有毒品往往具有强大的经济诱惑力等方面的原因,使得当前国际范围内的毒品大有泛滥之势。毒品的泛滥不仅会严重威胁一个国家的政治稳定和经济发展,危害人民的身心健康,而且也会严重败坏社会风尚,直接导致或诱发各种犯罪。鉴于此,制止毒品泛滥已成为世界人民的共同愿望,打击毒品犯罪已成为各国司法机关所共同面临的一项严峻任务。本文从分析毒品犯罪案件证据的特殊性入手,重点论述毒品犯罪中“主观明知”的认定以及使用“司法推定”和“特情引诱”应注意的问题。
Because of their serious addictiveness, smuggling, trafficking, transportation, manufacturing and the illegal possession of drugs, drugs often have strong economic attractiveness and other reasons, making drugs in the current international situation have a lot of flooding trends. The proliferation of drugs will not only seriously threaten the political stability and economic development of a country, endanger the physical and psychological health of the people, but will also seriously undermine social customs and lead directly to or induce various crimes. In view of this, stopping the proliferation of drugs has become the common aspiration of the people of the world. Suppression of drug crimes has become a common task facing all the judicial organs of various countries. This article begins with the analysis of the particularity of the evidence of drug-related crimes and focuses on the issues of “subjective knowing knowing” and the issues of using “judicial inference” and “special inducement” in drug-related crimes.