Research On The Law Application Of Illegal Possession Of Gun

Gun-related crimes not only endanger the lives and property of citizens,but also seriously threaten public safety and disrupt public order.The crime of illegally possessing a firearm was originally only a base crime of a gun-related crime.However,the number of cases held criminally responsible for this crime has risen sharply in recent years.Among them,a large number of actors involved in the case actually held only simulation guns and toy guns,but were found to be criminals.There is nothing wrong with cracking down on illegal gun holdings because of the extremely special social danger of the firearms themselves.However,judicial practice has identified toy guns or simulated guns on balloon shooting booths commonly used in life as firearms in the sense of criminal law,and held the possession of such gun-shaped objects as criminal offences,which is an excessive restriction on civil liberties.This judicial phenomenon also leads to an imbalance between the protection of legal interests and the protection of human rights,which in turn affects the fairness of justice and citizens' sense of identification in judicial trials.Therefore,the application of the law to this crime is worthy of research and discussion.This article will take the sensational aunt Tianjin as a typical case of posing a balloon booth.By analyzing the focus of the dispute in this case,the problems existing in the law of illegal possession of firearms are brought out,and then the constituent elements of the crime are analyzed from the two aspects of the elements of lawlessness and liability,in order to provide more reasonable opinions and suggestions for the application of the law of the crime.The article is mainly divided into four parts,which are the overview of the crime of illegal possession of firearms,the analysis of the elements of lawlessness,the analysis of the elements of liability,the dilemma of the application of law and its exploration path.The first part elaborates the legislative concept and corresponding legal provisions of the crime of illegal possession of firearms,and summarizes the controversy of the trial practice of the crime involving typical cases.They are whether the firearms held by the perpetrators belong to the "guns" in the sense ofcriminal law,whether the possession of firearms by the perpetrators constitutes a criminal "illegal",and whether the perpetrators' intentional possession of guns is subjective and intentional.The views held are explained.The second part analyzes the illegal elements in the crime of illegal possession of firearms,clarifies the concept of "holding",and clarifies the formal standards for the identification of firearms and the substantive standards for the injuries caused by firearms.The article expounds the essence of "illegal" in the crime of possessing a firearm,and uses Zhao as an example to analyze the actual elements of this crime.And the article responds to the focus of the controversy raised in the first part,and then demonstrates the views held by the author.The third part analyzes the elements of responsibility in the crime of illegal possession of firearms,and specifically analyzes the "intentional" elements of the actor's possession of the firearms and the "illegal awareness of the possibility" of the possession of firearms.The article points out that it is necessary to distinguish between a misunderstanding of firearms and a misunderstanding of whether a gun is illegal.The former is an error in constitutive elements and can be ruled out intentionally;the latter is an illegal misunderstanding and can reduce liability.The article analyzes the case of Zhao Moumou and concludes that Zhao Moumou has no intention of committing a crime and does not have the possibility of illegal knowledge.He cannot be convicted of illegal possession of firearms.The fourth part analyzes the legislative deficiencies and judicial deviations that still exist in this crime.When legally regulating the illegal possession of firearms,there are also problems such as low thresholds for the determination of firearms and different judgments in the same case in judicial practice and applying legal provisions mechanically to judges.Regarding the dilemma of the application of the above laws,the author will limit the definition of firearms by using the method of system explanation,and then narrow the scope of punishment for illegal possession of firearms by criminal law.Through the pre-penalties of the Administrative Law,the criminalization criteria were further clarified,and the behavior of holding toy guns and simulation guns was excluded.In the end,the author proposes that judicial personnel should actively use interpretation techniques to strengthen the judicialinterpretation of judicial decisions,give full play to judicial initiative,and further improve citizens' understanding and trust in judicial decisions,and ultimately achieve case justice and judicial justice.