A Study On The Path Of Crime Of Illegal Possession Of Firearms From The Perspective Of Doctrine

Because guns are extremely destructive and easy to carry,they are often used by criminals as a tool to commit crimes.Their gun behavior not only can cause strong psychological deterrence to others,but also often cause serious damage to the lives and property of others.Hazard,this will pose a serious security risk to the society.In the criminal justice practice,a large number of cases of illegally holding firearms are penalized because of their serious social hazards.The public can accept the referee for their criminal responsibility.However,in judging the criminal conviction of judiciary-related cases,the judiciary's criteria for determining the behavioral targets for gun-related crimes are based on the administrative standards set by the Ministry of Public Security,namely "Provisions on the Performance Appraisal of Firearms and Ammunition in Cases of Public Security Organs".The provisions of the provisions of the provisions of the firearms identification standards are too harsh,so that the crime of gun-related crimes greatly reduced the standard of incrimination.In specific cases involving guns,due to the large-scale improvement of standards for firearms certification,the selective focus on criminal activities involving guns,and the completion of index assessment systems for relevant departments,the Ministry of Public Security of China often has a large number of non-destructive forces and does not The existence of socially harmful guns was identified as guns,resulting in many similar cases being convicted for gun crimes.In addition,when the judiciary judges whether the behavior of the perpetrator's possession of a gun is consistent with the subjective constitutional elements of the illegally held firearm,he only recognizes that the perpetrator has knowledge of the gun's existence and that he or she has a criminal intent,often ignoring the perpetrator's prohibition.Errors eliminate the possibility of intentionality.Based on the consideration of Zhao Chunhua's case,this article analyzes the crime of illegal possession of firearms to solve the problem of crimes from the level of substantive law,according to the theory of criminal law theories of doctrine,and carries out the problems in the judicial practice in the conduct of subject-matter crimes and subjective intentional determination in China.Combing.This article is divided into four parts,as follows:The first part:Put forward the problems to be discussed in this article.Taking the Zhao Chunhua case as a primer,it briefly summarizes the case of Zhao Chunhua's crime of illegal possession of firearms,and summarizes the controversial focus of this case.Thus,the current judicial status of the illegal possession of firearms in China is elaborated.The judiciary recognizes guns as crimes based on administrative standards.This obviously reduces the standard for the incriminating of illegally held firearms,which means that they will have no lethality.The gun-like behavior was identified as the constitutive element of the crime of illegal possession of firearms.The second part:From the perspective of the objective path for the crime of illegally holding firearms,first of all,it outlines the relevant laws,regulations,etc.,on which the practice standards for the identification of firearms with regard to the illegal possession of firearms are based,and then analyzes the current status of China's firearms certification.The dilemma,therefore,explores this dilemma based on the theory of the doctrine of the criminal law,and proposes a solution to the dilemma by using the method of legal interpretation to limit the interpretation of the concept of illegally held firearms and to reduce the current standards for gun identification.The range involved is to prevent the scope of the attack from being too broad.The third part:From the perspective of the subjective approach to the crime of illegally holding firearms,when judging whether or not there is subjective intention of the perpetrator,first we must have an advance understanding of the crime's intentional construction and error theory.Based on this advanced theoretical basis,we must Judgment of whether or not the actor's objective element of the constitution of the crime is due to a factual understanding error or a forbidden recognition mistake,and if it exists,it is necessary to consider whether the recognition error of the situation can be avoided.If it cannot be avoided,then the intentionality can be ruled out.In this case,it may be determined.The behavior of the actor does not conform to the subjective elements of constitution.The fourth part:From the way of illegally possession of firearms,the way of Zhao Chunhua's possession of guns does not provide theoretical support for the constitutive elements of the illegal possession of firearms.On the one hand,based on the explanation of the limited purpose of the concept of firearms,it is considered that the gun-shaped simulation guns held by Zhao Chunhua do not possess destructive power and do not meet the real standards for gun identification.At the same time,the gun-shaped objects they hold are also important to public safety.There is no danger,and it is naturally impossible to infringe on the legal interests protected by the illegal possession of firearms.It can be concluded that the guns they hold are not in conformity with the objective constitutional elements of illegally held firearms.On the other hand,from the aspect of subjective intentional determination of constitution,it is believed that Zhao Chunhua's possession of a gun-shaped object has an incorrect factual understanding or an illegal awareness(this wrong understanding is impossible to avoid),and it should be ruled out that he has a criminal intention.