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推定是刑事实体法与刑事程序法的联接点,是兼容刑法与刑事诉讼法的跨学科问题,在当前世界各国的刑事立法和司法中,推定普遍适用。英美刑事法中的推定具有适用范围广、分类清晰、效力多层次、限制方式明确等特征,特别是在毒品犯罪领域,一些具体推定制度的设立值得我国学习借鉴。为严厉打击毒品犯罪问题,应对毒品持续泛滥的趋势,建议我国在刑法和刑事诉讼法中明确规定毒品犯罪的推定制度以及其法律效力,同时扩大毒品犯罪刑事推定的适用范围。
Presumption is the connection point between criminal substantive law and criminal procedural law. It is compatible with the interdisciplinary issues of criminal law and criminal procedure law. It is presumed to be universally applicable in the current criminal legislation and judicature of all countries in the world. The presumption in criminal law of Britain and the United States has such characteristics as wide range of application, clear classification, multiple levels of effectiveness and definite restriction methods. Especially in the field of drug crimes, the establishment of some specific presumption systems deserves our country’s learning. In order to crack down on drug crimes and deal with the trend of drug abuse, it is suggested that China explicitly stipulate the presumption system of drug crimes and its legal effect in the Criminal Law and Criminal Procedure Law and at the same time expand the scope of the criminal presumption of drug crimes.