Research On Guns Identification Of Crimes

Since the ministry of public security issued the regulations on the performance appraisal of guns and ammunition involved in public security organs in 2010,the problems existing in the judicial level of gun identification in China have been continuously enlarged.Since this regulation directly considers a gun with a muzzle kinetic energy of more than 1.8 joules per square centimeter as a gun regulated by the gun control act,a large number of cases involving guns,such as the crime of illegal possession of guns,occurred.However,in contrast,the vast majority of the defendants did not use guns to commit crimes intentionally,but because of the lower standards of identification,the gun they held was identified as a gun,but they did not understand the relevant provisions.Most of the guns involved are powered by compressed gas,and most of them are defined as "toy guns" in the eyes of the public.Due to China's tradition of high pressure on gun crimes,coupled with the current criminal law and the relevant interpretation of the provisions that show a severe crackdown on gun crimes,most of the "unaware" defendants were sentenced to felony.At the same time,many controversial cases involving gun crimes,such as "liu dawei case" and "zhao chunhua case",were brought into public view,which immediately triggered the upsurge of public opinion.Most voices in society think that the sentence is too heavy,and some people think that the action involving guns is not a crime.In the academic community,the mainstream view is that the criminal law is too heavy,and the current gun control related laws and evaluation standards remain a doubt,that these laws and regulations lack of forward-looking social development and need to be changed.The first part of the article analyzes the purpose of the establishment of gun identification system in China.This paper compares two typical crimes of illegal possession,the crime of illegal gun and the crime of illegal drug possession.We come to the conclusion that guncontrol is similar to drug control,both of which are preventive measures against the occurrence of foreign potential infringement of legal interests.Therefore,it is concluded that the purpose of gun control is to prevent guns from being out of control and producing harmful results as an effective and deadly object.The social harmfulness of guns is determined.The second part of the focus on the current gun control laws and regulations analysis.Through analysis and research,we can determine that the current gun control regulations including identification standards are in the contradictory point whether in the coverage of their own definition or in the criminal law level of conviction and sentencing.At present,the evaluation standard is the muzzle kinetic energy as the standard,and there is no shooting principle of non-standard guns,the material of projectile firing and the material of manufacture are taken into consideration.In response to such a reduction,there has been no change in other laws to fill in the gaps left by the standards.The identification standards of gun parts and simulation guns are therefore confused with the identification standards of guns.First of all,the identification scope of the simulation gun is expanded at the same time,which should not include the gun that cannot be fired.Meanwhile,the definition of the modification gun overlaps with the identification standard of the gun.In addition,it fails to distinguish the material of guns and parts,which is an important factor restricting the destruction of guns.Only the emphasis on the similarity of functional guns and the unwillingness to consider the universality of them resulted in a large number of parts that could not be used for guns were also identified as gun parts.Finally,the application of the current standards in criminal law.Through the analysis of the sentencing rules of gun parts and the aggravation of armed robbery,it is shown that the direct application will lead to a large number of gun related crimes will be sentenced to excessive criminal law no matter the intention of the actor or the actual objective harm of the gun.Although there are many loopholes on the face of it,the court will directly apply such assessment criteria to avoid liability because it will be influenced by its own resources and the comprehensive quality of judges when hearing cases.At the same time,the court's subjective determination of the actor will indirectly affect the determination of guns in specific cases.The agent's subjective understanding of guns directly determines the way to use guns.Even if the gun is used for malicious purposes,it is necessary to judge the objective harmfulness of guns,and the existence of guns is not necessarily an aggravating situation.Finally,the third part is the author's Suggestions on the future identification of guns,through comparison to find out the legislation level of forward-looking gun laws and regulations,in view of the current legal loopholes to improve the plugging.The evaluation method of muzzle ratio kinetic energy is used to establish new evaluation standard.The pacification standard of guns is established based on the kinetic energy limit of guns that can break human skin,the new definition of guns is defined and the existing identification standard of imitation guns is cancelled,and the new definition of guns takes over.For the redefinition of gun parts,the emphasis is on the comparison of parts in different lethal guns of the versatility,not only in the function of the material should be considered.Therefore,the gun modification problem involving the commonality of parts is promoted,and the gun whose muzzle kinetic energy is still below the standard is determined not to be easy to improve the wound force.In the end,the application of the standard in criminal law should be emphasized,which is to say,more emphasis should be placed on the injury force of guns themselves,that is,the social harmfulness problem combined with the subjective purpose of the actor and the cognitive level to determine whether the penalty is applicable.