Judicial Identification Of The Crime Of Illegally Holding Guns

The surge in gun-related crime cases directly made the judicial recognition of this type of gun case a hot topic of general concern in the academic community.The judicial determination of the crime of illegal possession of firearms directly affects the maintenance of the basic rights of citizens and the improvement of judicial credibility.However,in judicial practice,the judiciary mostly uses the firearms standards of the Ministry of Public Security to verify the firearms performance standards of the Firearms Management Law,or simply consider the number of firearms involved in the case to meet the conviction criteria to determine that the firearms involved constitute a "gun" in the sense of criminal law.The perpetrator is guilty.The promulgation of the two high "Reply" has alleviated the number of gun-related crimes to a certain extent,but it has not fundamentally solved the problem of the standard of guns in judicial recognition.In this judicial identification process,discretionary people did not realize that the Ministry of Public Security's gun standards were a direct basis for lack of substantive rationality,while ignoring the importance of judging this type of case from the subjective intentional and responsibility level,leading to justice in this type of case.The judgment clearly deviated from the general sense of justice of the public.This article takes the judicial identification of the elements of the illegal possession of firearms as the research object,from the standard of "guns",the subjective perception of the perpetrators and the illegal understanding of the law,and the promulgation of the two high"approval",for the illegal possession of firearms Start with the impact of the identification,analyze the root cause of the lack of substantial rationality of the guilty guilty by verifying the performance standards of the firearms by the Ministry of Public Security,and explain the purpose of the elements of the illegal possession of firearms with the exception of the typical case.Improve the judicial determination of the crime of illegally holding firearms.