Analysis Of Zhao Chunhua's Balloon Shooting Booth

At the beginning of 2017,Zhao Chunhua,an aunt of tianjin,was investigated by the public security organ for setting up a balloon shooting booth and was finally sentenced to three and a half years in prison for "illegal possession of firearms",which aroused strong concern in the society.Why is this common entertainment project outlined in crime? Many people say it’s hard to imagine.In the standard of guns that there is no corresponding legislative or judicial interpretation under the premise of judicial authority to judge involving guns in 2010 the public security organ guns work performance appraisal provisions,caused in the society more and more questions.In addition,what is a gun in the sense of criminal law?How to define administrative law and criminal offense? Zhao Chunhua’s crime and non-sin focus issues have also aroused a lot of controversy.The author summarizes and analyzes the dispute focus of the case and puts forward the countermeasures to solve such cases in order to promote the rule of law.The article is divided into the following four parts:Part I: introduction of the case.First,I want to brief you on the case of Zhao Chunhua’s balloon case,and then it’s the case and the results of the trial and the second trial.The second part: the focus of the case dispute.After the occurrence of this case,in the theoretical and practical circles of the criminal law,Zhao Chunhua’s behavior of holding a gun shaped object in a balloon shooting booth was hotly debated.It can be summed up in two different views: the first theory is that the behavior of Zhao Chunhua is not a crime,because the gun of the balloon gun is not "gun" in the sense of the criminal law,and the security of the ministry of public security is an administrative issue,which is not an illegal possession of a gun,which is not in the form of a gun charge,and the gun is not in accordance with the "sufficient to kill or lose consciousness" in the gun control act of our country.The second view is that on the act constitutes a crime,our country belongs to the state of the strict control over guns,gun involved shape identification by the public security authority,its muzzle than kinetic energy in accordance with the appraisal standard of the ministry of public security for the gun,has certain lethality.This is the boundary between crime and non-crime determined by the judicial authority.Therefore,the author enumerates two representative cases of similar gun cases,and after comparing with this case,the author summarizes the controversial focus of conviction,legal theory and judicial discretion.The third part: the criminal analysis of the focus of the case dispute.This part mainly analyzes the three points of dispute in the second part.On the basis of conviction,by analyzing the standard of gun identification stipulated by the ministry of public security,it is unreasonable to discuss what is the meaning of criminal law;In the aspect of legal theory,it mainly discusses the crime and non-crime of Zhao Chunhua by using the criminal constitution of the three classes of criminal law.In judicial discretion,it is mainly the objective elements of this case,the judicial personnel’s discretion and the analysis of the effect of the case.Part iv: thinking and suggestion.Overall,this kind of "the crime of false gun true" the biggest reason is that in case there is no sense of criminal law and determination of guns of the legislative or judicial interpretation,so,at the legislative level,should be timely to establish criminal law standard in the sense of guns;At the level of legal cohesion,judicial personnel should adhere to the guideline of criminal law and avoid mixing criminal and administrative violations in practice.In addition,the state should pay attention to the public’s right to know;Finally,make a judgment on the judicial personnel,to combine the case to appropriate considerations,the sense of morality,public knowledge,habits and so on,firmly grasp the spirit of the law behind the law in the judicial conscience to guard the judicial justice.