Research On Judicial Determination Of The Crime Of Illegally Possessing Guns

Ever since Zhao Chunhua was convicted,similar cases across the country have gradually come into public view.Scholars also carry out the analysis and the discussion,expressed their different views.Through the analysis,it can be found that the problems of gun cases are attributed to the internal and external parts,and the internal part is the problem of the cognition of the parties to their own behavior,which determines whether the penalty can produce its due effect.The External refers to two aspects of the issue that are the identification criteria of guns and court judgement,which is related to the authority of law and the freedom rights of citizens.I write over 20,000 words,divided into five parts to elaborate.The first chapter is based on the cause of the Zhao Chunhua Case,which leads to the discussion of relevant legal issues in the following chapters.Chapter two holds that it is obviously unreasonable to take the regulations of the Ministry of Public Security as the identification standard of guns.This part expounds the origin and development of guns and the definition of guns in military and law.At the same time,I explained the legal effect conflict,and then discussed the irrationality of the identification criteria of gun from the angle of ranking relation,and than I expressed my views on gun identification.In the third chapter,on the basis of defining the concept of awareness of illegality,and analyzing the relationship between them,I think awareness of illegality plays an indispensable role in the determination of criminal intention,and explain the rationality.At the same time combined with the case concluded that the actor does not constitute criminal intent.The fourth chapter analyzes and discusses the human rights and freedom in the constitution by explaining the relationship between the constitution and the criminal law,and points out the conflict between the determination of this crime and the freedom in human rights value.Chapter five is about the reasonable suggestions about the crime of illegal possessing guns.