Legal Application Of The Crime Of Illegal Possession Of Firearms

Article 128,paragraph 1,of the Criminal Law of the People's Republic of China stipulates that in violation of the regulations on the administration of firearms,illegal possession of firearms constitutes an offence of illegal possession of firearms.At present,there is only the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Illicit Manufacturing,Sale,Sale,Transportation of Firearms,Ammunition,Explosives,etc.(hereinafter referred to as the "Supreme Law Interpretation").Seriously,to make further explanations.However,the core disputes in the understanding and application of the provisions of the judicial practice are not covered.For example,how should the firearms in the sense of this crime be determined? How to determine the state of possession of the perpetrator? And how to define the subjective intent of such possessive crimes? Especially for the behavior of the agent to buy a toy gun or a simulated gun from an upstream manufacturer or other means,how do you know whether it recognizes that the gun-shaped object belongs to the "gun" in the sense of criminal law? And whether the use of such guns in normal production and life constitutes a series of problems such as this crime,the theoretical community is still inconclusive,and there is no research on the dual liability regulation model of administrative and criminal punishment for gun management.It is precisely because of the many gaps in this sin legislation that in recent years judicial practice has emerged a sinful crime,a different judgment in the same case.The emergence of such cases by Zhao Chunhua reflects on the other hand the judicial predicament caused by the lack of legislation on the illegal possession of firearms in China.On the other hand,it puts higher demands on the applicable level of the law of this crime,and many of the legislative losses.Conflicts could have been resolved through a high level of legal application.Combating crime is obviously the important point of criminal law.However,if the scale of "crime" is not grasped in the process of applying the law,it is easy to cause arbitrary restrictions on civil liberties and normal social activities.It is one of the existing order of society.Destruction and trampling.How to solve the dilemma of the judicial application of the law in such cases;how to correct the existing legal provisions of this crime and properly explain the discretionary results of recurring such ambiguous and different sentencing;how to proceed from legislation and justice It is an urgent problem to be solved to construct a more reasonable legal application model based on the social effects applicable to the law.In summary,the existing legislation and interpretation of the crime of illegally holding guns in China is necessary for its research from the legislative technology itself,the dilemmas encountered in judicial practice,and the general public's strong doubts about the judgment results.Sexuality requires an in-depth discussion of the legal application of this crime and a reflection and reconstruction of its regulatory model.