The Research On The Problem Of Illegal Possession Of Firearms

Illegally possession of firearms is both a statutory crime and a possessing-type crime.It refers to the acts in which the perpetrator does not conform to the law of gun control and illegally possesses firearms.Although the guilt description of the crime is only a few words,each element must be thoroughly understood.The crime adopts a quantitative model,and the relevant judicial interpretations provide different quantitative criminalization standards for the classification of firearms.The perpetrator illegally holds a certain number of firearms,which commit the crime of illegal possession of firearms.However,with the reduction of identification criteria of firearms of the Ministry of Public Security,a large number of gun-shaped objects that were not identified as firearms in the original identification criteria were identified as firearms in the new identification criteria.Gun-shaped objects with lower kinetic energy of muzzle and lower injury force has been largely identified as non-standard firearms,that sentenced to a large number of cases,which has caused a series of controversial cases in judicial practice.At present,the research of illegally possession of firearms mainly focuses on a certain case,but the research is not systematic.It mainly focuses on the discussion of identification criteria of firearms.However,the crime of illegal possession of firearms doesn't just face the problem of unreasonable identification criteria of firearms.In legislation,the concept of firearms leads to the inconsistency in the connection between administrative identification criteria and criminal proceedings;the firearms identification criteria of the Ministry of Public Security violates the principle of clarity of the law and the principle of legal retention,it cannot be the criminalization criteria for gun crimes,at most it can be the basis for administrative management.Firstly,in judicial practice,the following problems are faced: It's too absolute that the judicial determination of firearms in criminal proceedings is based entirely on the administrative identification of firearms.After all,the <Identification criteria to cause casualty of firearms> is not compulsory,it is a recommended applicable industry standard.Moreover,neither the compulsory applicable industry standards nor the recommended applicable industrial standards are determined by the democratic representative body through statutory legislative procedures,and the legitimacy for convictions and sentencing is questionable.Secondly,the judicial organs often ignore the defense of the illegality cognition raised by the defendant or the defender.Thirdly,there are confusions in the identification of implication,imagination of competing and combined punishment;fourth,it is difficult for perpetrators to be acquitted.Once entered into the trial process,the possibility of being acquitted is very low.In order to improve the judicial application of the crime of illegal possession of firearms,the fundamental solution is to distinguish between administrative law criteria and criminal law criteria of firearms Identification.Moreover,we should conduct judicial review about the administrative firearms identification and adhere to the independent judgment value of criminal law.In addition,the judicial authority should respond to the possibility of illegality cognition.If the perpetrator can obtain illegal knowledge,the legal consequences of the offender must be reduced or eliminated.If the perpetrator has the possibility of illegality,he shall sentence to a reduced or exempted punishment.It is necessary to clarify the relationship between this crime and other crimes,weather one sin or several sins.It is acquitted when the perpetrator's behavior doesn't have the social harm.If violating the order of gun management,this kind of behavior can be regulated by the relevant administrative law.