Research On Judicial Cognizance Of Firearms Offenses

Firearms as a direct threat to human life and health right of guns,because of strong lethality to specific public safety threat,so most countries and regions in the world are included them in the scope of dangerous goods.The production,use,sales,storage and other aspects are strictly controlled.China has many laws and regulations to regulate the related gun-related behaviors.The scientific nature of the gun identification standards seriously affects the boundary between crime and non-crime,this crime and other crimes,and the severity of sentencing.However,due to the fact that China's current laws and regulations define the firearms as extremely unclear,this situation will easily lead to ambiguous understanding of the "simulated guns" and "toy guns" by the public,and there are different standards in law enforcement and the judiciary,and citizens' legal rights.It is easy to be violated,so that those who may not meet the prosecution standards themselves may be held criminally liable for violations of citizens' freedom rights and violate the principle of "respecting and safeguarding human rights".This paper is divided into four parts to discuss the related issues.Firstly,it summarizes the focus of disputes in typical cases: In 2010,the standards for firearms issued by the Ministry of Public Security led to the low threshold for gun crimes,and expanded the scope of criminal law for gun crimes.At the same time,the vagueness of the concept of firearms can easily cause the defendant's rights and freedom to be arbitrarily trampled on,resulting in the frequent occurrence of false positive and false cases.Secondly,the author puts forward sound suggestions for the problems existing in China's existing gun identification standards.In the judicial practice,it is necessary to distinguish administrative and criminal violations.The criminal law should adopt firearm identification standards that are different from the administrative laws.For those who,on the other hand,objectively have illegally bought and sold firearms,subjectively,they do not have a criminal purpose.Whether or not a gun type article constitutes a gun appraisal activity in the sense of a criminal law should always be based on the fact that the device has a greater lethality.The core attribute of a "firearm" that is enough to cause casualties or loss of consciousness is the defining factor.In the final article,the author also discussed the issues concerning the identification of the relevant responsibility for gun crimes.Regarding the determination of criminal intention,this article advocates that forms of illegal knowledge are unnecessary.