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An Analysis Of Zhao's Case Of Illegal Possession Of Firearms

Posted on:2019-11-01Degree:MasterType:Thesis
Country:ChinaCandidate:S S MaFull Text:PDF
GTID:2416330545463820Subject:legal
Abstract/Summary:PDF Full Text Request
In order to maintain social order and ensure the safety of people's lives and property,guns have been strictly controlled in our country.If guns are used by violent as tools for murder,kidnapping and other violent crimes,it will have serious consequences and pose a great threat to society.In recent years,the "simulation gun" has become more and more similar to real guns in terms of its appearance and lethality;more and more criminals have used simulation guns to commit crimes,bringing great panic and potential danger to society.In order to combat the crime of simulation guns,the public security organs severely punished the gun market and achieved good results.This has ensured social security,maintained social order,and maintained the order of guns management.However,in the course of punishing gun-related crime,it seems to be overkill.There are many people are held criminally responsible for possession of toy guns or imitation guns.Zhao was sentenced for illegal possession of firearms is a typical case.Once the case was reported by the media,it caused widespread concern in the society.It is hard to imagine the "Simulated guns" would be identified as firearms and constitute a criminal offense.This article takes Zhao's case as an example to analyze the problems in the handling of such cases and to propose suggestions for improving state's gun management.This article is mainly divided into four parts,as follows:The first part: Briefly introduces the background of the article research,states the basic facts of Zhao's case.And it sums up the controversial focus of the case and commented on the case against the focus of the dispute.The second part: through the brief analysis of Zhao's case to find out the problems in the judicial practice.First,the standards for gun identification in China are low;second,the basis for determining guns is unreasonable;third,the punishment do not match the crimes.The third part: To solve the problems in the case of Zhao,it puts forward the legislation and judicial suggestions to improve the gun crimes in China.First,it is necessary to formulate a reasonable standard for the identification of firearms;second is to introduce legislative or judicial interpretations;third is the judiciary to consider reasonable circumstances of the crime and make a reasonable decision.The fourth part: A brief statement about enlightenment of Zhao's case.It is necessary to strengthen the propaganda and education of gun management and use administrative measures to regulate the simulation guns.
Keywords/Search Tags:illegal possession of firearms, simulation gun, Gun Identification Standard
PDF Full Text Request
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