Criminal Evaluation Of Illegally Holding Toys Gun Behavior

In recent years,there have been "false guns" cases,such as Liu Dawei case,Zhao Chunhua case,which also attracted the attention of all walks of life in the public.Of course,some illegal possession of toy gun case handling has some unreasonable to Tianjin aunt Zhao Chunhua case.For example,the public do not understand the current guns which is a general.The public think that toy gun is just a toy,not a criminal sense of the gun,this is why the occurrence of such acts has been convicted and causes more and more attention.Therefore,I think the writing of this article is very meaningful.The article mainly take the point that the perpetrators of toys,not only to analyze the subjective level of awareness of the illegal,but also To analyze whether the toy gun held by the perpetrator is a firearm belonging to the illegal possession of guns.The thesis is divided into three parts:The first part mainly introduces the case of "Zhao Chunhua's toy gun rental booth" and the legal problems caused by the case,one is whether the toy gun involved in the case is the gun prescribed by the criminal law,the other is whether the actor has any legal consciousness about firearms under the criminal law.The second part is mainly the legal analysis of the legal issues related to the "Zhao Chunhua's toy gun rental booth",through the debate and analysis of whether the guns involved are illegal to hold guns and whether the perpetrators have illegal consciousness,collecting the views and putting it in order,then making us have a better understanding of Zhao Chunhua's illegal possession of toy guns.The third part is mainly about the assessment and revelation of the "Zhao Chunhua's toy gun rental booth",through carding of the case,as well as putting the various scholars' and lawyers' point of view in order,I think Zhao Chunhua is not a crime,on the one hand the guns in case should not be identified as the illegal one,the other hand is Zhao Chunhua does not have illegal consciousness subjectively.Through the case we know that Ministry of Public Security can publish standards about enforcing the law,from administrative management standpoint,but if this standard is directly used in criminal law and be admitted,we will make a serious mistake,and what we draw from this case is that the judge shall enjoy independent jurisdiction to the administrative prisoner.