Some Issues On Confirming Crime Of Losing Firearms Without Report

Crime of losing firearms without report is a new accusation provided for by Article 129 of Criminal Law of the People's Republic of China. The established accusation contributes to helping judicial organ hit crime of losing firearms without report by the law, and to helping the people provided for firearms according to law strengthen responsibility and tighten up the management of firearms in order that firearms don't wander about in the society. This may take effective precautions against severe crimes concerning firearms lest they threaten the public security of society. Although legislative organ provided special regulations for crime of losing firearms without report, which helped judicial branch hit the crime by clear rules, theoretical circle of criminal jurisprudence of our nation had heavily different opinions on how to confirm the subject of the crime, objective facts, subjective fault and other problems, which brought about some heavy deviations which judicial branch implemented Article 129. This situation didn't help to unify enforcement of the law, or to distinguish crime from non-crime exactly, or to identify this crime or that crime, or to punish criminal right. Because of the problems above, judicial organ of our nation is now eager to require identical opinions on the crime so that they can guide judicial organ to enforce law correctly to eliminate confused situations that are caused during the application of the crime.Based on those above, this dissertation first put forward the heavily different opinions on how to confirm the subject of the crime, losing firearms, without report in time, causality between without report in time and serious consequence, subjective fault and other problems, andthen put some fundamental principles of criminal jurisprudence to use to discuss and analyze these opinions above so as to distinguish merits and defects of every kind of opinions, and finally it put forward some new views and reasons based on the discussions and analyses above in order to provide a scientific and reasonable reverence for judicial organ, which will contribute to help judicial branch confirm the subject of the crime, objective facts, subjective fault and other problems, and to realize judicial justice.