On The Crime Of Losing Firearms Without Timely Report

The crime of losing firearms without timely report is a crime against public security that was increased newly after the Criminal Law of the People's Republic of China revised in 1997. This has reflected the intention of strictly firearms control in our country from legislative aspect. Besides foreword and conclusion, the paper divided into three major parts altogether.Part one mainly combed the legislative evolution of the crime of losing firearms without timely report before and after the Criminal Law was revised. Part two was the focus of the paper, which analyzed the four major elements of the crime. Firstly, the object of the crime mainly compared two kinds of different firearms management system, and emphasized that our country implements the strict firearms management system. Secondly, the objective respect of the crime mainly proposed the following views. As to"lose", it should be explained to include the behaviors of being stolen, rifled, deceived etc. As to"without timely report", the standard to judge whether it reports in time should be the actor knows or should know firearms have already been lost. The form of report is varied, while the accept department should be the units that has administration authority of firearms and ability of dealing emergency. As to the relationship between"without timely report"and"the serious causality", I agree the opinions that there is causality between the two. Thirdly, the subject of the crime must be the personnel allocating the public affair and using the firearms in accordance with the law. The behavior of losing firearms without timely report of the military appointment personnel can be applied to the crime of losing weaponry. The militia who cooperate with the public security organ to execute the task also accords with the composition condition of the crime subject. Finally, through analyzing the core of the subjective form of the Criminal Law of our country and defying the meaning of"serious consequence", I agree that the crime is a calculated crime. It is a kind of typical behavior that the actor does not report in time on purpose, while"serious consequence"is the objective elements of crime. Because of the conflict legislation to the crime and the defect elements of the crime, Part three has four suggestions. They clearly propose the range of"firearms"and scientifically categorize firearms, clearly define"lost", clearly list the unit as a guilty subject of the crime, and clarify the relations between the crime and crime of neglecting one's duties, crime of losing the weaponry etc.