On The Judicial Cognizance Of The Crime Of Illegally Holding Guns

Gun is a kind of weapon with a great deal of injuries,and it is also a common criminal tool,which greatly harms the safety and stability of society.Therefore,unauthorized possession of guns is recognized as a criminal act in China.The crime of illegal possession of firearms seems to be a simple and not too controversial crime,but in fact,because of the special object(guns)and the special behavior(possession),the identification of the crime is difficult in both subjective and objective aspects,which also brings value to our research.The case of Zhao's illegal possession of firearms is a case with enormous social influence.The occurrence of this case has made the conviction and sentencing of the crime of illegal possession of firearms receive the attention of the theoretical circles.In this paper,starting with the basic concept of the crime of illegal possession of firearms,the author analyses the objective and subjective elements of the crime of illegal possession of firearms.Objectively,it mainly involves how to identify the gun in the crime of illegal possession of firearms.Subjectively,the problem of illegal possession of firearms mainly involves whether the perpetrator has "clear knowledge" of his own possession of gun.Only by clarifying these two core issues,can the crime of illegal possession of firearms be convicted.In a case of Zhao,the author believes that it is wrong to objectively identify the type of gun possessed by Zhao as the gun in the Criminal Law,because the gun possessed by Zhao can not meet the substantive requirements of the Gun Management Law,which is "enough to cause casualties or loss of consciousness",and should not be included in the scope of the regulation of the Criminal Law.Subjectively,Zhao does not have "clear knowledge" of her behavior as a criminal act.Looking at this problem from the perspective of ordinary people,it is difficult to connect the operation of balloon stalls with illegal and criminal activities,and Zhao does not have enough awareness of the social harmfulness of his behavior and should not constitute intentional crime.This paper is divided into three parts: introduction part,text part and afterthought part.In the introduction part,the author talks about the background of writing this paper,which is that a case of Zhao has received tremendous social attention and stimulated the vitality of the research on the related issues of the crime of illegal possession of firearms.The significance of the research is to clarify the conviction criteria of the crime of illegal possession of firearms,and comprehensively analyze the case from both subjective and objective aspects,so as to help judicial practice.The afterthought part mainly writes about the analysis and research of the case,and found the problems existing in dealing with the crime of illegal possession of firearms by judicial organs,and hopes to change the current situation of relying too much on the provisions of the law in practice and ignoring the comprehensive analysis of cases from common sense.The main body includes the following contents:The first part is a brief introduction to Zhao's illegal possession of firearms,and a summary of different opinions and controversial focus.The second part elaborates on the crime of illegal possession of firearms from the perspective of jurisprudence,as well as the identification of guns in the crime of illegally holding guns,and the subjective "knowing" of the perpetrators.The third part combines the analysis of jurisprudence to analyze the case.