Study On The Judicial Cognizance Of The Crime Of Illegal Trade And Possession Of Guns

Because of its lethal power and direct threat to human life and health,guns have been regarded as extremely dangerous weapons by most countries in the world.Because of this,the control of guns in our country has always been very strict.In the process of judicial identification of cases involving guns,the judgment result of guns plays a very important role in conviction and sentencing.However,the definition of guns in our existing laws and regulations is not very clear and specific,so it is difficult to be accepted and handled by the public in judicial practice It even affects the justice of justice,which makes the public distrust the judicial procedure.The identification standard of guns is related to the principle of the unification of law and order.Although the law and order should set clear and non contradictory codes of conduct for citizens,the denial of the unity of concepts does not mean the destruction of the unity of law and order.In the judicial identification of gun related crimes,the identification of guns should be different from that of guns in administrative law,and the concept of guns should be restricted It is necessary to explain.Starting from the purpose of protection of legal interest and combining with the theory of abstract dangerous crime,only the gun with significant killing power and high risk can be identified as a gun in the sense of criminal law.The possession crime in gun related crime belongs to the category of abstract dangerous crime,so the determination of abstract dangerous crime should not only be judged from the form,but also be considered from the substance.The subjective identification of the perpetrator,that is,the determination of criminal intent,also has a certain impact on the conviction and sentencing of the perpetrator.It requires the perpetrator to have a negative social impact on his or her own behavior,so the identification of criminal intent in gun related cases also requires the perpetrator to have a corresponding understanding of guns subjectively.As a normative element,guns are used to determine criminal intent In the process,it is based on the parallel evaluation theory in the field of pedestrians.The cognition of illegality,as a constituent element of a crime independent of criminal intent,plays an important role in the determination of responsibility.When the actor has the ability of independent choice,he gives up the factual and legal act and chooses to carry out the illegal act in the face of the choice of legal and illegal acts.The choice of these two acts can reflect the inner activities of the actor and his intention to express It doesn't matter that the perpetrator violates the rules of law and destroys the order of law.Then the perpetrator should bear the condemnation and punishment caused by his illegal behavior.However,in this case,the perpetrator should have the possibility of expectation for the implementation of legal acts.The possibility of expectation is based on the judgment of facts and values,so as to determine whether an act is worth reducing or exempting from criminal punishment.