The Study On The Qualitative Problems Of The Case On Defendant Zhao Chunhua

In recent years,the standard for firearms(2007)formulated by the public security department have undergone tremendous changes.The"guns" identified under the standard have a wide gap with the general public's general cognition.As a result,there have been numerous cases involving guns.This article focuses on the case on Zhao Chunhua,which has attracted much attention,and conducts research on the judicial determination of the criminal object,social harm,and subjective aspects of the case,aiming at a clearer understanding of the case and its related cases.Judging from the criminal target,since the court used two normative documents as the basis for the identification of firearms,this article analyzes the issue of judicial identification of firearms in this case from the nature and the content of the document,and draws the following conclusion:The Criterion of those documents is a reference industry standard and should not be used as a basis for criminal trials;since the content of firearms identified in this document is unscientific,it must not be used as an appraisal opinion.The determination of guns in this case is incorrect.This article follows the line of judge's thinking to discuss the status of the concept of social harm in judicial conviction and how to play a role.It is considered that social harmfulness and criminal object,as well as results were three inseparable concepts.In the light of the results,this case is discussed:Illegal possession of firearms is abstract potential damage,and concludes that the case does not have potential danger and does not have social harm.Judging from the subjective cognizance.This text divides the content of cognitive factors into factual and evaluative cognition.It mainly introduces and discusses existing theories in evaluative cognition,and concludes that the content of illegal knowing should be included in the judicial subjective cognizance.Through the angle of the cognition error of facts and illegal knowing,i concluded that the subjective assertion of the case is not correct.Therefore,this article concludes that the defendant should be treated as not guilty.In addition,the relevant laws and judicial interpretations involving guns need to be improved;China's judicial practice should continue to improve with the development of criminal law theory,thus cutting off the serious gap between theory and practice.