Guns In The Act Requirement

In recent years,gun crimes have mushroomed like "zhao chunhua's illegal possession of guns"."zhao chunhua's case" is like a stone,breaking the calm water of gun crimes and triggering the discussion on gun crimes by various scholars.In our daily life,the word "gun" seems to be isolated from us ordinary people.Without special status,we would never be exposed to guns in our lifetime.But in fact it has been silently into our life,it is so pervasive,the supermarket of the different shapes of toy gun is put on the counter,put on the shooting stand in the park for air rifle shooting balloons,woods in children playing live-action CS the use of guns,and crowded places such as airports,railway stations,bus stop Posting of "it is prohibited to carry knives,inflammable and explosive and other contraband" mentioned in the notice of guns."Guns" are everywhere,but not all people who own "guns" should be convicted and punished.So we have to ask,what is a gun?What are the criteria for gun injury?How to distinguish the degree of gun injury?Do guns cause the same amount of damage to different parts of the body?And so on these need the author in this article to prove one by one.Only by grasping the concept,classification and wounding power of guns from the perspective of objective facts,can the mystery of guns be revealed,the boundary between guns be clarified,and a clear standard be established for guns.In terms of the structure of the paper,this paper is divided into four parts: introduction,text,conclusion and acknowledgement.The text is divided into three chapters:The first chapter starts from the behavior to the gun researchThe solution of a problem must be based on a certain system framework,otherwise the whole article is a tree without roots,water without source,neither clear discussion nor positive conclusion.Therefore,this paper builds a system framework for the research on guns and puts forward a concept--factual behavior.The behavior of evaluation and its internal elements--means,methods and objects--are derived from the factual behavior.The act can point to the violation of legal interests.Therefore,in the second section of this paper,the act is extended to the concept that is very important for guns--wounding force.The reason why guns can cause harm to human body is because of the existence of the wounding force.Because of different angles of view,the injurability can be divided into factual injurability and evaluative injurability.The actual wounding force is the actual harm caused by the actor's behavior to the body of others;The evaluation of the wounding force is the use of the victim,the use of others,the use of natural force and through the possession of some results,to achieve the purpose of the actor.The author hopes that the theoretical system established in the first chapter and the analysis of the wounding force can play a guiding role in the classification and definition of firearms in the following text.The second chapter is a method of firearmsThe writing intention of this chapter is: since the previous chapter discussed the injurability as a whole and divided it into the injurability of fact and the injurability of evaluation,the two should be reflected in this chapter.Therefore,the author gun injuries caused by the force can be divided into the physical injury and non physical harm sex two kinds,the so-called bodily injury,or the use of guns to human body caused by physical pain,the lack of some part on the body,the so-called non physical injury that did not cause physical damage,but through the spirit of oppression,cause psychological fear or considered by holding the gun.Among them,in the act of bodily injury type to the extent of the injury force more in-depth and detailed discussion,which involves a lot of knowledge of guns,but I'm not just knowledge and talk about it,but through the concept of different kinds of guns in the military field,and the size of the wound force to define and distinguish between(especially imitation guns)for real gun,imitation guns in the field of criminal law has a clear cognition,through the analysis of real gun neutron bomb injuries from different parts of the force,to the human body in the sentencing phase can have a clear standard.Chapter three guns as objectsThis chapter enters into the discussion of another element of the behavioral requirement,and puts forward the dualistic theory of object--the objective reality and the expression of legal interest.The two do not exist in isolation,and the objective reality should be reflected through legal interests.To be specific,as the object of the gun,it should be able to reflect the relevance with specific legal interests and reflect the different infringement of legal interests.At the same time,as a component part of the constituent elements,the object should also be combined with other constituent elements,so as to express different legal interests,without being too vague to distinguish this crime from that crime.Chapter four an analysis of 26 cases including zhao chunhua case.This chapter is divided into three sections: the first section analyzes the overall trend of gun cases based on the cases found on the website of Chinese judicial documents,and grasp the development and characteristics of gun cases from a macro perspective.In the second quarter,in possession of a gun for the cause of action,the balloon as key words,in a number of different types of gun case,the selection and similar case on case,focus on analysis of this kind of case behavior person the purpose of the use of guns,holds the type of guns in the discussion of the modified imitation guns,finally draw a flow chart for defining the guns.Section three,from the perspective of the real crime of fake guns,discusses the cases of liu dayu,zhao chunhua,kingdom of its case,anyang tangyin plastic toy gun case and other cases in the judicial practice of the identification standards for the simulation of the gun caused by different cases with different judgments.