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On The Determination Of The Crime Of Illegal Possession Of Firearms From The Perspective Of Zhao Chunhua's Case

Posted on:2020-07-31Degree:MasterType:Thesis
Country:ChinaCandidate:N ZhaoFull Text:PDF
GTID:2416330602458111Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years,China's gun-related crimes have increased day by day,and gun-related cases have become more frequent,which has aroused widespread public concern.The existence of firearms endangers public safety,and the social harm is very great.China's relevant judicial interpretation sets a lower threshold for crimes and sentencing for the illegal possession of firearms,in order to highlight the state's emphasis on gun crimes.In order to protect the personal safety and property safety of the people,public security organs at all levels are actively and vigorously crack down on criminal activities involving guns.Every year,a large number of people who have been sentenced for buying and collecting simulated guns and toy guns have been subjected to severe punishments,which are contrary to the principle of adapting crimes and punishments,and deviating from people's social cognition.The handling caused public dissatisfaction.In response to a series of adverse social impacts arising from such cases,the Supreme People's Court and the Supreme People's Procuratorate(hereinafter referred to as "two highs")jointly issued the "Guide to Air Combustion Guns Compressed by Compressed Gases" on March 8,2018.Reply on the Conviction and Sentencing of Criminal Cases(hereinafter referred to as "Reply")"Reply" provides a concrete explanation for the conviction and sentencing of firearms with compressed gas as the driving force and lower than the kinetic energy,emphasizing the compatibility of crimes and punishments,and the social harm of comprehensive evaluation behaviors.However,the "Reply" does not give specific quantitative criteria for gun identification,but the criteria for individual justice are completely handed over to the grassroots judges and prosecutors to self-assess,"what is the lower than the kinetic energy of the muzzle",and the assessor The"subjective cognition" and "social harm" can be said to avoid the contradictory performance to a certain extent,so that the public can not feel fairness and justice,and trigger new social contradictions.This article will be divided into four parts to take the case of the illegal armed gun case of Tianjin Zhao Chunhua in 2017 as an example to demonstrate the problem of the illegal possession of guns.First of all,combined with the legislation of our country and the status quo of the judiciary to demonstrate the identification of the crime of illegally holding guns,including whether the identification process of guns is correct,and whether the standards of the public security organs for non-standard gun identification are suitable for current crimes involving guns.Specific circumstances,and whether it is reasonable and legal.Secondly,whether the behavior of the perpetrator of such cases is legally invasive,and the issue of the identification of the infringement of the legality of sexual offences is analyzed.Finally,the specific argumentation of the illegality of the perpetrators of such cases and how to deal with the misunderstanding of illegal knowledge,comprehensive assessment and make more specific recommendations on the determination of the crime of illegal possession of firearms.While the right to personal liberty of citizens is guaranteed,the country can also have a safe and orderly social environment.This paper will discuss the identification of the crime of illegal possession of firearms from the perspective of the criteria for the identification of firearms and the theory of illegal understanding.Starting from the criteria for avoiding the possibility of avoidance in illegal understanding errors,the author analyzes whether there are illegal understanding errors and reasons for avoiding the possibility of avoiding such actors.At the same time,from the perspective of the legal interests protected by the more fundamental criminal law,this paper explores the harm and impact of such illegal possession of firearms on society,and argues whether Zhao Chunhua's gun-like behavior should constitute a crime.
Keywords/Search Tags:Illegal possession of guns, Gun identification, Legal protection, Illegal understanding
PDF Full Text Request
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