Analysis Of Illegal Possession Of Firearms By Zhao

As a product of the development of human civilization,guns are an important production tool and weaponry when used properly.At the same time,because of its powerful lethality and its potential uncontrollability,once it falls into the wrong hands,it will cause incalculable losses to the people's lives and property.Based on this partieular property,government departments have been controlling firearms as a dangerous item,strictly controlling the sale,use,and holding of firearms.China' s "Criminal Law" also stipulates a series of crimes to prevent and control gun crimes.The illegal possession of firearms is used as a basis for the management of firearm crimes.It also prevents the lawbreakers from using guns for criminal activities and protection.The people' s life and property safety are of great significance.However,due to the fact that the standard for gun identification in our legislation is too low and that the law enforcement agencies,especially the public security agencies,attach too much importance to combating gun crimes and neglect the concept of human rights protection,as well as the mechanics of setting up hard assessment standards for combating gun crimes,etc.In practice,a large number of "simulated guns" and "toy guns”that are not socially harmful have been brought into the scope of gun crimes.This has led to public opinion raising doubts about the legitimacy of gun legislation and the fairness of law enforcement.Therefore,it is of great significance for the judicial practice to formulate scientific criteria for the identification of firearms and to distinguish the crimes and non-crimes of the illegal possession of firearms.The announcement that Tianjin Zhao Mouhua was found guilty of illegal possession of firearms has aroused great concern in the public opinion and criminal law circles.The academic community generally believes that the focus of the dispute in this case is mainly on Zhao Mouhua' s actions are socially harmful.Whether it is subjectively intentional or not,and the Ministry of Public Security' s question on whether the criteria for the identification of firearms are reasonable.First of all,the traditional theory of criminal law considers that social harm is the essence of crime.The act of possession of firearms must be deemed as an unlawful possession of firearms must be socially harmful.Zhao Mohua's behavior is investigated from the facts of fact and the facts of harm to society.Secondly,illegal possession of firearms as an intentional crime must require the perpetrator to subjectively possess criminal intentions.Through inspection of Zhao Mouhua's cognitive factors and will factors,he learns that subjectively he does not possess criminal intent;finally,it is illegal.The guns in the possession of guns as a term in the meaning of the criminal law,the appraisal standards should be stipulated by the law,and the department regulations of the Ministry of Public Security can not be used as a basis for identifying guns.To sum up,Zhao Mouhua's behavior does not constitute a crime and should not be punished.