Research On Difficult Issues In The Application Of Explosive Crime And Justice

Loopholes exist on relevant legal provisions of explosive crimes, and scholars’ researches on explosive crime are not wide and deep. All these result in some problems in judicial practice, including object recognition of explosives, behavior recognition of explosive crime, number of identified crime and adjudication of punishment about explosive crime.This paper is divided into four chapters, through relevant cases the writer has a deep analysis about these problems, and gives some suggestions to solve these difficult problems at last. On scale definition of explosive, judicial officials should consider explosives’ physical and chemical characteristics on the basis of considering Social harmfulness, then make a reasonable identification of explosives of criminal law. For behavior recognition of explosive crime, judicial personnel should grasp the essential characteristics of all kinds of explosive crimes, and give correct behavior recognition. At the same time, judicial personnel should understand relevant administrative regulations, and draw the line between administrative penalty and criminal punishment. On the number of identified crime problems, understanding the Afterwards act of impunity and imaginative joinder of offenses are essential precondition for identifying form of crime-number. Then make a accurate identification based on specific analysis of the specific criminal acts. The fourth chapter is about the penalty discretion, the judge should not only make the crime circumstances decision reasonable according to the determination of punishment is reasonable, but also apply correct legal and judicial interpretation to make punishment adapt with the crimes.