| Because of the change of the standard of judicial identification for guns,the public is not aware of it.In recent years,a series of cases have resulted in the divergence between judicial decisions and public opinion.This article tries to discuss some important criminal law problems in gun related cases through t illegal cognition,social harmfulness cognition and accomplice relation,and tries to make reasonable suggestions on relevant cases.This paper is divided into the following parts,about 15,000 words.Part one is the general situation of the case.Part two is the criminal law analysis of the relevant issues in this case.Firstly,the author elaborates the accomplice of simulated gun smuggling cases in different forms of e-commerce;secondly,the author discuss the rationality of the standard from the change of nonstandard gun identification standard;thirdly,contact the perpetrator's knowledge of illegality and social harmfulness,and discuss the criminal intent;at last,discuss the accomplice relationship between the subjects of the case involving firearms,especially the one-sided accomplice.Part three is to draw the conclusion through analysis.Part four is the inspiration of this case study.First,the author discusses the possibility of judicial activism;then,it is suggested that criminal policy should be legal. |
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