The Conviction Research Of Statutory Crime

A case that Liu Dawei smuggled imitation guns and was mistaken for real guns has caught much attention in the society.The adjudgment of this case reflects that Chinese judicial authority is lack of the recognition of law and the proper usage of criteria when dealing with legal crime.Meanwhile,the authority ignores the problem of its illegality and blank description in criminal law,just relies on retributive punishment to punish it,which doesn't determinate guilt and weigh the penalty from the perspective of indoctrination and precaution and damages the authority of criminal law.This article is divided into four chapters.Chapter One is to describe main details of this case,to tease out main disputes and to sort out the relevant theories of legal crime.Chapter Two is to analyse the illegality of legal crime.It analyses the importance of error in cognition of illegality of legal crime.In theory,error in cognition of illegality can prevent the criminal intention.Then,it analyses from the recognition of weapons Liu bought and of which online shopping for weapons is a smuggling.Then it infers that there is unavoidable error in cognition of illegality in the process of buying weapons and online shopping for smuggling weapons,which can be regarded to prevent the intention of smuggling crime.Chapter Three is the analysis of the influence of legal crime from the blank provisions of the criminal law and the elements of the blank.From the two angles of the blank of guns in the criminal law and online shopping for smuggling weapons,it analyses inevitability and irrationality of Liu's sentenced crime of smuggling weapons.Chapter Four appropriates countermeasures for the criminal law of our country in the era of legal crime.It analyses why legal crime and natural crime fail to be discriminated.It is suggested the monorail legislative mode should turn to dual-track mode in China,and advice to judicial organization on the identification of legal crime and the allocation of penalty.