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Criminal Law Analysis Of Zhao Chunhua's Illegal Possession Of Firearms

Posted on:2021-02-28Degree:MasterType:Thesis
Country:ChinaCandidate:T ZhuFull Text:PDF
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In recent years,China has increased the control of guns and improved the identification standards of guns,which has led to a large number of gun related cases in the society,including some cases with minor circumstances that were sentenced to severe punishment,which has a large gap with the general cognition of the general public,and people's voices of questioning are endless.Zhao Chunhua's illegal possession of guns is one of the controversial cases.In this case,Zhao Chunhua's behavior constitutes the crime of illegal possession of guns,and the penalty applied by the court of second instance is also reasonable.Through three aspects of demonstration,we can get the above conclusions,which are: the identification of guns involved in the case,the identification of criminal intent,the identification of criminal responsibility.First of all,in the identification of guns involved in the case,although the standard of gun identification in China is too low,it may violate the modesty of criminal law.However,the current standard issued by the Ministry of public security is still the most authoritative document at present,and it is the current effective legal norm,and the guns in this case have reached this standard,which should be defined as "guns" in the sense of criminal law.Secondly,in the determination of criminal intent,the perpetrator's illegal possession of guns in the case of Zhao Chunhua has both the cognitive factors and the will factors to establish the intentional crime.Although Zhao Chunhua does not want the occurrence of harmful results,he has the will to allow the occurrence of harmful results,so he has indirect criminal intent.Thirdly,in the aspect of criminal responsibility identification,the second instance is reasonable to the punishment applied by Zhao Chunhua,which embodies the principle that the criminal responsibility and punishment are compatible.Because,in this case,Zhao Chunhua's subjective maliciousness,personal danger and objective harm are relatively small.According to the principle of subjective and objective consistency,only a smallcriminal punishment can reflect the principle of criminal responsibility and punishment.To sum up,in the case of Zhao Chunhua,the perpetrator constituted the crime of illegally holding guns,and the penalty applied by the court of second instance was also reasonable,that is,Zhao Chunhua should bear less criminal responsibility.But our country's gun identification standard should be further improved,should keep up with the development of the times,in order to adapt to the development of criminal law theory and judicial practice.
Keywords/Search Tags:Firearms identification, Criminal intent, Criminal responsibility, Crime of illegal possession of firearms
PDF Full Text Request
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