Analysis On The Case Of Illegal Storage Of Explosives

Because of potential risks with the explosives, Easily exploited by criminals,endangering public safety, It is always the focus of criminal law.But the explosive isindispensable items to the production and daily life.While the management ofexplosives is very strict in our country, illegal mining enterprises and individuals donot have qualification to obtain or buy civil explosives from the normal legal channels,so many people illegally sale, manufacture, store, convey explosives, they haveviolated criminal law, have to facing severe punishment. Although the judicialinterpretation of the Supreme People’s court rules in such cases behavior due toproduction, life, no serious harm to the society,and performance of repentance, mayexcuse or lighter punishment according to law. But the explanation do not clear all theobstacles for the accurate application of laws, the judge in the process ofinterpretation to the deviation in sentencing, resulting in light or heavy measurementof penalty, leading to the trial effect is not good. The paper cited a typical heavypunishment case, to analysis factors about obstruction judge bold apply lenientpunishment, and put forward the countermeasure, intent on enlightenment in judicialpractice.