Legal Analysis Of Yang Fengshen's Case Of Illegal Manufacture Of Explosives

In recent years,there has been a trend of frequent criminal cases involving intangible cultural heritage projects,which highlights the conflict between folk culture and current criminal law,especially those involving gunpowder.This paper revolves around 2016 social watches the hebei provincial intangible project "five ancient fire will not genetic bearing Yang Fengshen make explosives case illegally,legal analysis,focus on the case of the related matter from the social harmfulness of inheritance people behavior,subjective intentional and illegal blocking has identified three aspects,in order to qualitative have a deeper understanding of the case.Firstly,the social harmfulness of the actor's behavior is analyzed.The two aspects are carried out.The examination path of the social harmfulness in this case,and the determination of whether there is a danger is the focus of the examination of the social harmfulness in this case.The inheritance of gunpowder in this case is not dangerous in the sense of criminal law.From the perspective of social equivalence to evaluate the social harmfulness of the behavior,so as to determine that the social harmfulness caused by the behavior of the actor has not reached the level worthy of criminal punishment.Second,from the perpetrator subjective deliberately decided that,through the understanding of the offender behavior intentionally,and the "explosive" and "violation of state explosives management laws and regulations" whether knowing the understanding,analysis concluded that the offender in the actual cases,the preparation of gunpowder is explosives there is no understanding in criminal law,for his actions in violation of state explosives management laws and regulations there is no understanding,no subjective intentional crime.Finally,the author considers the case from the perspective of the cause of illegality obstruction,analyzes the essence and judgment basis of the cause of illegality obstruction,and thinks about the case from the perspective of the measure of legal interest.Combining the theory of act of law with this case,it is concluded that Yang fengshen's inheritance of this case is a legal act of law.This paper concludes that there are problems in the judgment of "conviction and exemption from punishment" by the second instance court of this case,and the defendant Yang fengshen should be acquitted.Actor made in inheritance duty ancient fire fireworks behavior of social harmfulness is not reach the level of worthy of criminal punishment,the offender does not have crime at the same time,the subjective intent of the inheritance behavior constitute the essence of illegality deterrent for and is in accordance with the law regulation of the law,does not violate the constitution and the protection of the traditional excellent culture heritage method,the real intention is to protect the inheritance of excellent traditional folk culture,is good for society as a whole.At present,China is in urgent need of relevant guidance or judicial interpretation on gunpowder related intangible cultural heritage items,so as to prevent the inheritor of such intangible cultural heritage items from being charged with gunpowder.Although this paper has certain reference significance,at present,it is more practical measures for local governments to jointly promote the inheritance and protection of the intangible cultural heritage related to gunpowder,and to protect the excellent traditional folk culture of China.