Analysis Of Illegal Possession Of Firearms By Zhao

Both China's criminal law and the Supreme People's Court judicial interpretation provide the provisions for the illegal possession of guns in order to regulate the perpetrators of gun cases,and to prevent the use of firearms to implement criminal activities.However,a large number of people who holding imitation guns and toy guns are convicted and punished,although those weapons charges are not socially hazardous,a lot of cases with serious minor illegal possession of firearms are treat as crimes,due to the high standards of law enforcement in the public security departments,the law enforcement concept of"heavy blow and light protection",the imbalance of the public security organs of the business assessment mechanism.This study takes a perspective of "the case of illegal possession of firearms by Zhao",and we analyze the problems in the investigation and trial.This study is divided into three parts,the content is as follows:The first part:Through the analysis of the survey data,we briefly summarize the status quo of the investigation and prosecution of illegal possession of firearms,and we sum up the problems in the application of the judgement of firearms promulgated by the Ministry of public security in 2010.As a result of the increase in crime standards,the behaviors including reducing the threshold of the crime,and holding imitation guns or toy guns are identified as illegal possession of gun crime instead of whether those behaviors are harmful.The second part:A brief overview about "the case of illegal possession of firearms by Zhao",we analyze the facts of this case and the court decision,and sum up the controversial focus of the case.Firstly,in criminal judicial practice,the court uses the standard of firearms set by the Ministry of public security in 2010 to judge whether the firearms in the criminal law of the actors are unreasonable;Secondly,whether the people's court for the defendant Zhao's behavior is accurate,whether the defendant Zhao's behavior of shooting booths violates the "Criminal Law of the People's Republic of China",and whether he recognizes the possibility of social harm;Finally,criminal law for the identification of firearms is missing or blurred which lead to violations of the rights of the perpetrators.The third part:An analysis of the reasons why Zhao's illegal possession of firearms does not constitute a crime is made.These behaviors including street stall and the imitation guns which held by Zhao are identified as illegal firearms by the public security departments.Firstly,the standard of firearms adopted by the Ministry of public security is too high,which is in conflict with the criminal law;Secondly,the trial department lacks the consideration of the social harmfulness of Zhao's possession of simulated guns;Thirdly,the judicial department lacks clear legal basis for the judgment made in this case;Finally,we draw conclusions and implications.