An Analysis Of The Criminal Law Of Zhao Chunhua's Illegal Possession Of Firearms

The illegal possession of guns by Zhao Chunhua at the end of 2016 was paid attention to by all circles of society.Zhao Chunhua has been identified as a crime of illegal possession of firearms in the business of running a balloon shooter,which has been penalized.Whether the behavior of ballooning shooter and whether holding a simulated gun can be identified as a crime has aroused wide discussion.The criminal law is the last barrier to the punishment of the crime of firearms,and the norm of the illegal possession of the firearms is obviously inseparable from the application of the criminal law.However,if the criminal law is too much involved in the daily life of social life,it will also make a violation of the people's free rights.In the case of the crime of illegally holding firearms in China,there are not a few cases for holding a simulation gun.The problems reflected by Zhao Chunhua's case are very representative and controversial,reflecting many shortcomings in the identification and management of firearms in our country.In this paper,Zhao Chunhua illegal possession of firearms case as a typical case,with both sides of the dispute as the starting point,combined with China's current legislation on the crime of illegal possession of firearms and the judicial status quo,illustrates Zhao Chunhua holding imitation guns,toy gun behavior should not be illegal to have firearms to criminal penalties for.At the same time,we thoroughly analyze the root cause of the Zhao Chunhua case and cause controversy,find out the problems existing in the legal provisions and judicial practice of illegal possession of firearms in China,and put forward the corresponding solutions.The problem of holding a simulated gun and toy gun as a crime of illegal possession of guns is solved from the root.It prevents similar cases from happening again,and tries to find the balance between safeguarding social stability and civil liberties rights.Specifically,this paper is spilt into the hereinafter three parts:The first part analyzes the legal issues related to firearms management,especially the crime of illegal possession of firearms,and profoundly illustrates the practical significance and theoretical significance of Zhao Chunhua's illegal possession of firearms.At the same time,through the study of domestic and foreign representative theory,explains the different views and differences from the whole of the crime of illegal possession of firearms in the judicial application in existence,for the further discussion of the possession of imitation guns behavior constitutes the crime of illegal possession of firearms to provide theoretical support.The second part,based on the case of Zhao Chunhua's case of illegal possession of firearms,on the basis of in-depth understanding of the specific case and the focus of the dispute between the two sides of the accusation and defense,from the three aspects of the standard of firearms identification,the understanding of illegality,the possibility of avoiding the possibility and the social harmfulness,the paper analyzes the simulation guns of the balloon shooting stall.Whether the act can constitute a crime of illegally holding a firearm.In the argumentation,the different viewpoints about the nature of Zhao Chunhua's case are expounded.The value and the unreasonable of each view are analyzed,and the viewpoints held in this paper are further demonstrated.Specifically speaking,first of all,in the standard of gun identification,the identification standard of guns in the crime of illegally holding firearms can only be used in the "gun management law".Zhao Chunhua's objects do not conform to the definition standard of firearms in the gun control act,and can not be identified as prohibited guns held by criminal law.Therefore,the behavior is not consistent with the objective elements of the crime of illegally holding firearms.Secondly,in the application of illegality cognition theory,illegality cognition theory should be regarded as an essential element to identify the establishment of a crime,and we need to have a comprehensive and systematic measurement in judicial conviction.In this case,Zhao Chunhua fell into the illegal cognition error,and the error does not have the possibility to avoid,therefore,Zhao Chunhua does not have the criminal intent,it can not be identified as the crime of illegal possession of firearms.Finally,in the application of the theory of social harmfulness,social harmfulness should be regarded as one of the important factors to specific consideration in the judicial conviction.Zhao Chunhua's shooting stand is a common phenomenon in social life.It has no social harm and cannot be identified as an illegal possession of firearms.The third part,based on the analysis of the conviction of Zhao Chunhua's illegal possession of firearms,thoroughly explores the root cause of this case and finds out the prominent problems in the legal provisions and judicial practice of illegal possession of firearms in China.And in the light of our current strict policy of gun management and the needs of social development,the countermeasures to solve these problems are discussed.From the angle of legislation,defects through the analysis of the crime of illegal possession of firearms in the law,put forward the "gun" in the detailed standards,modify the illegal possession of firearms and firearms related provisions in two measures;from the judicial perspective,combined with the similar to the Zhao Chunhua case,find out the crime of illegal possession of firearms in the judicial conviction and sentencing in the different co contracting problems,proposed a unified standard of conviction and sentencing measures.These measures are expected to provide useful help for the improvement of the crime of illegal possession of firearms in China,and promote the orderly conduct of the management of firearms in our country.