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Research On Zhao Chunhua's Illegal Possession Of Firearms

Posted on:2021-10-22Degree:MasterType:Thesis
Country:ChinaCandidate:M D WangFull Text:PDF
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In recent years,with the serious situation of gun-related crimes in our country,the public security at all levels have launched a severe crackdown on gun-related crimes in order to protect people's personal safety and property safety,as well as maintain social stability and security,and deal with a lot of gun crime.However,many of them have a toy gun,gun simulation of the buyers,sellers of minor criminal acts,but was sentenced to heavy sentences.Through the research of this article,it is found that in judicial practice,the court determines whether the actor who holds the "gun" should be guilty or not,usually on the basis of the standard of gun identification established by the Ministry of Public Security.In determining whether the perpetrator has criminal intent to hold a "Gun",only through the perpetrator knows that it is a gun-type instrument,to determine that the perpetrator has criminal intent,the possibility of criminal intent has not been ruled out by considering whether the person concerned has an awareness of the social harmfulness of the gun-type equipment he or she holds.The case was reported by social media,in peacetime to set up shooting stalls to make a living with "guns," this behavior should be considered illegal possession of guns,which caused extensive and heated discussion.As the last barrier to sanction gun crime,the Criminal Law is obviously inseparable from the application of Criminal Law.However,in the process of applying the criminal law to combat gun crime,we should not excessively interfere in the field of daily life and infringe upon the freedom and rights of our citizens.The problems reflected in the case of Zhao Chunhua are very representative,and it also reflects that the identification standard of gun crime in our country is too low and the management of gun crime still lacks control over the source of gun.Through the analysis of the crimes involved in this case: The crime of illegal possession of guns,the identification criteria of guns,the possibility of understanding the illegality of the perpetrators and the social harmfulness of the acts are sorted out.Draw the conclusion of this case,the first is to violate the principle of modesty of the criminal law,some gun-type equipment as a gun.The second is to deal with the relationship between the understanding of illegality and criminal intention in judicial practice.Finally,the actor has no intention of holding the "Gun" subjectively,and objectively does not cause the result of social harm,so the actor's holding the "Gun" behavior does not have social harm.Through the conclusion of this case,the author tries to find the balance between maintaining social stability and security and protecting civil freedom and rights on the issue of holding "guns".
Keywords/Search Tags:Crime of illegal possession of firearms, identification standards of guns, possibility of illegality awareness, infringement of legal interests
PDF Full Text Request
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