Research On The Judicial Determination Of Zhao Chunhua's Gun-related Case

The research content of this article is divided into the following four parts:The first part: This part introduces the basic situation of the case,explains the case of Zhao Chunhua's case and the result of its judgment,and discusses two kinds of disagreements(crimes and non-crimes)triggered by the outcome of the case.This section discusses the focus of the dispute and conducts legal analysis and argumentation.There are four major disputes in this case:whether the gun is a “firearm”in the sense of criminal law;whether the perpetrator has any intention of committing a crime;whether the perpetrator's behavior is socially harmful;and the same case has caused different disputes in the same case.The second part: This part is the analysis and conclusion of the case.For Zhao Chunhua's case,if it refers to the current gun recognition standards of the Ministry of Public Security,its behavior constitutes the crime of “illegal possession of firearms.” However,Zhao Chunhua does not constitute “illegal possession of firearms” from the perspective of criminal intentionality and whether his behavior is socially harmful.The third part: Regarding the frequent occurrence of simulated gun crimes,starting from the principle of governing the country according to law and ensuring social stability and unity,this section puts forward the following five suggestions: eliminate the production and sales of artificial guns from the source;adhere to the subjective and objective phase.Unity,ensure that crimes and punishments are adapted;play a guiding role in typical cases,and safeguard the unity of the judiciary;implement “who law enforcement is law-enforcement” and prevent the frequent occurrence of gun-related cases.The illegal possession of firearms is a crime against public safety.In the past,it was a crime that received little theoretical attention.Zhao Chunhua's case caused deep research on this crime to a certain extent.Research emphasis of this article is,through the imitation guns covered on the introduction of the case,whether from imitation guns belong to the criminal law in the sense of“gun”,actor presence of intentional crime,the offender behavior whether harmful to the society and so on has carried on the legal principle analysis,as well as to the imitation guns on punishment cases “connection with different sentence” causes are analyzed,and made a conclusion to the case of crime and the crime,in order to help the imitation guns for punishmentcases of justice;Finally,through the consideration and suggestion of the case,we hope to improve the standard of the firing of the simulated gun,and achieve the penalty.Eliminate the production and sale of imitation guns from the administrative law enforcement to avoid more simulation gun cases;Efforts should be made to eliminate the unreasonable phenomenon of “the same case”,unify the referee scale and maintain the judicial credibility;Give consideration to the legal effect and social effect of the judicial trial,so that each party can feel the fairness and justice in the case.