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The Criminal Law Cognizance Of Non Standard Guns

Posted on:2021-05-01Degree:MasterType:Thesis
Country:ChinaCandidate:Y CuiFull Text:PDF
GTID:2416330629954160Subject:Law
Abstract/Summary:PDF Full Text Request
The recognition standard of non-standard guns in the sense of criminal law has always been a problem worthy of discussion.Since the recognition standard of non-standard guns was determined as 1.8 joules / square centimeter in the 2010 firearms identification regulations,the recognition of non-standard guns in the sense of criminal law has been a controversial issue in the academic circle.In 2016,Zhao Chunhua set up a balloon shooting booth.Because the toy guns in the booth exceeded the recognition standard of non-standard guns,it was recognized as guns,and Zhao Chunhua was recognized as a crime of very holding guns.This criterion attracted widespread public attention.Among them,"how to define guns in the sense of criminal law" which is the core factor that affects whether a crime is established has become the most important problem to be solved in the objective elements of gun related crimes.The core issue discussed in this paper is whether guns in the sense of criminal law must be identified according to the standards of administrative law.In order to contain the danger that guns bring to people and the threat to the stability of social security,our country's administrative law and criminal law have provisions to regulate the behavior related to guns.But in practice,the criminal law uses the recognition standard of administrative law to identify.Because the recognition standard of the current administrative law is too low,the entry threshold of criminal law is too low.Many behaviors that are not worthy of punishment are carried out by criminal law Regulation,which is not only easy to cause the severity of punishment and the degree of criminal behavior do not match,resulting in the incompatibility between crime and punishment,at the same time,it also greatly reduces the punishment scope of the administrative law,which is not conducive to the formation of the dual management system of the criminal law and administrative law on guns.In judicial practice,it is easy for judges to enforce the law mechanically in accordance with the provisions of the law.This paper will define the concept of non standard guns,analyze the problems of gun identification in judicial practice,and put forward corresponding countermeasures.
Keywords/Search Tags:Nonstandard gun, firearms control laws, Gun identification criteria, legal interpretation
PDF Full Text Request
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