Criminal Law Thinking On The Standard Of Gun Identification

TianJin ZhaoChunHua case is the most heart-tugging thing in the last month in 2016.She has a shooting business in Tian Jin playground.Due to guns on market stall fit in with the gun on criminal law,she was sentenced for three years as the crime of holding firearms illegally.Luckily,the final outcome of the case is that Zhaochunhua was given three-year suspended sentence.Nowadays,this case is discussed carefully,only talking about this case is not meaningful.However,Zhao case is not the one,there are almost 15 people were arrested at the same time.Such as “Wabfguoqi” who was sentenced for ten years because of “fake guns”,a young man in Sichun was sentenced for life imprisonment for the same reason.These cases show that guns crimes occur frequently in normal life,and the conviction standard of guns crime is based on provisions promulgated by ministry of public security.But the judgment on these provisions causes some undesirable consequences in normal.For example,when the judgment of Zhaochunhua case was published in the newspaper,it aroused public opinions immediately.On the one hand,some people think the judgment made by judge has not considered about people's emotion,the case was heard according to laws and regulations mechanically,it's not a fair judgment.On the other hand,someone think the behavior of Zhao is legitimate business practices,she doesn't constitute crimes.Therefore,the penalty is overweight,the judgment made by court is unfair,citizens can obey it.Whether the standard of firearms identification is 1.8j/cm2 is rational,it attracts people's attention.This article is based on guns crime,researching some cases in judicial practice,combining domestic and foreign concept about guns and the introduction of the standard of guns identification,with our country's problems,having a discussion on criterion of identification on guns crime whether is rational.And according to these problems in practice,this paper offered some suggestions to solve these problems.This article included three chapters.The first chapters introduce the content of the gun legislation in our country.Including the introduction of the case;the judgment and the focus of controversy.Leading the criterion of identification on guns crime.The second part discussed about the criterion of identification on guns crime.By researching and analyzing cases about guns crime on China judgments online,we concluded that the increasing of cases on guns crime connected to the change of standard of identification on guns crime.Then it talked about the process of the criterion of identification on guns crime of our country,and analyzed the rationality about our country.The final part talked about the suggestions on the criterion of identification on guns crime.It content three sections,the first section talked about the evaluation at home and abroad.The second section is about the analysis on the criterion of identification on guns crime.The last section offers some suggestions on these problems.