Study On Crimes Of Disrupting The Order Of Administration Of Guns,Mmunition Or Explosives

In recent years, a large number of illegal guns, ammunition and explosives were brought into the society due to various reasons so that the number of criminal cases concerning crimes of disrupting the order of administration of guns, ammunition or explosives has increased year by year, which should cause high attention of us. Strengthen the system of criminal obstruction of this type of crimes, which have great significance for national security, political stability and the protection of people’s production and living.China’s current criminal law provides for the types of crimes of disrupting the order of administration of guns, ammunition or explosives and even provides for severe penalties among them. However, the current criminal law provisions for such crimes still have a lot of defects and mainly reflected in the conditions of unscientific setting of charge, facts about the crime, imprecision regulations to such crimes and unreasonable setting of the legal punishment. Many can learn from the United Nations Convention against Transnational Organized Crime, annexed to the Protocol on guns and ammunition and the legislation experiences in this kind of crimes of other countries and regions of the world. China’s current criminal law provisions for crimes of disrupting the order of administration of guns, ammunition or explosives should be further improved in the following aspects:(1) this type of crime should be stipulated as an independent section in the chapter of crimes of endangering national security;(2) system of this type of crime should be further perfected, for example, to add the crime of occupying or extorting guns, ammunition or explosives, the crime of illegally manufacturing, trading in, transporting, mailing or storing spare parts of guns, the crime of illegally leasing, borrowing guns, etc;(3) the legal punishment of this type of crime should be further perfected, for example, to repeal part of the death penalty for the offense, and to configure a new qualification punishment for such types of crime, etc.