Judicial Confirmation Of The Illegal Possession Of Firearms

The crime of illegal possession of firearms did not receive much attention from the theoretical circle of criminal law.Until Zhao Chunhua's illegal possession of firearms occurred,the judicial determination of the crime of illegal possession of firearms had realistic urgency.In recent years,in the context of China's strict control of firearms,there have been many cases in judicial practice where criminals are held criminally responsible for holding toy guns or artificial guns.The Zhao Chunhua case is typical.Once the case was reported by the media,it immediately caused a great uproar and was widely questioned by the public.It is incredible that how to operate balloon shooting booths in daily life would violate criminal laws.It is reasonable that the criminal law punishes unauthorized possession of firearms because of the special nature of firearms.However,it is a crime to evaluate the behavior of holding a toy gun or a simulated gun in a balloon shooting stand in daily life.The imbalance between the protection of legal interests and the protection of human rights has excessively limited the freedom of movement of citizens,and has even failed to gain universal recognition from the public.Therefore,the judicial phenomenon typical of the Zhao Chunhua case deserves further discussion.The article takes Zhao Chunhua's case of illegal possession of firearms as an example,carries out a paradigmatic analysis of the criminal elements of the illegal possession of firearms from both subjective and objective levels,thus providing theoretical guidance for the judicial determination of the crime.First of all,the “holding” is defined in terms of content and form,and the problem of “holding” judicial certification is examined in the perspective of the entire possession-type crime;secondly,the changing process of China's gun identification standards is described.It proposes to restrict the concept of "firearms" and analyzes the necessity of restrictive interpretation.Finally,after analysis the two "objective" and "firearms" objective components,the author analyzes the actors from a subjective level.The problems of understanding errors were analyzed and demonstrated on the mistakes of factual understanding,illegal awareness of wrongdoing,and the misunderstanding of gun violations.The article believes that the judicial determination of the crime of illegal possession of guns should adhere to the principle of unification of subjectivity and objectiveness,so as to ensure that crimes and punishments are adapted.In Zhao Chunhua's case,objectively,Zhao Chunhua had actual control and control over the gun-shaped objects held by him.Therefore,Zhao Chunhua's “held” when carrying out a criminal inspection of the elements that constitute the crime of possession of gun-shaped objects.The element is consistent.However,Zhao Chunhua's gun-shaped objects do not meet the other objective element of the “firearms”.At the time of conviction,the judiciary can't just identify the guns involved in the case as "guns" in the legal sense based on the gun identification standards promulgated by the Ministry of Public Security.Instead,it should distinguish between criminal law and administrative law on the basis of objective injury."Firearms" restrict interpretation of the "firearms" in the sense of criminal law.On the subjective level,Zhao Chunhua is not aware of the "violation of gun management regulations"("illegal" elements)and her knowledge of the firearms themselves is not correct.He does not think that guns he holds are guns in the sense of criminal law.,so it can be ruled out of its intentions and hinder the establishment of its responsibilities.In addition,Zhao Chunhua also did not realize that it was possible to commit crimes with regard to possession of guns.Therefore,her subjective knowledge of illegality could reduce her liability.