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Research On Zhao Chunhua's Illegal Possession Of Guns

Posted on:2020-03-06Degree:MasterType:Thesis
Country:ChinaCandidate:W P SongFull Text:PDF
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As a very lethal gun,because it is easy to carry around,criminals often use it as a crime tool to achieve the purpose of shocking the victim,which will bring huge security risks to the society.Through the research,this paper finds that the judiciary often judges whether the gun-related cases should be guilty,based on the appraisal standards for firearms formulated by the Ministry of Public Security.When the judging department judges whether the perpetrator has the subjective element of the crime of illegal possession of firearms,it only recognizes that it is a criminal object based on the fact that the perpetrator knows that it is a gun-shaped object,and ignores whether the perpetrator has social harm and other knowledge.Eliminate the possibility of intentional crime.This paper analyzes the characteristics of the crime of illegal possession of firearms from the relevant theories of criminal law.Make sortups on the appraisal standards of guns,the subjective intentions of the perpetrators,and the social harm caused.The following conclusions are drawn: Firstly,the current identification standards for firearms are too strict,and the identification of a large number of guns that are not socially harmful as guns violates the principle of modesty of criminal law.Secondly,correctly handling the relationship between illegal understanding and the establishment of criminal intentions is conducive to better identification of crimes.Finally,in combination with the laws on guns in the United States and Britain,it is concluded that only the current legislation can solve the current predicament.
Keywords/Search Tags:Illegal possession of firearms, Firearms, Legal conflict, Illegal understanding, Social harm, Criminal intention
PDF Full Text Request
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