| In Article 129 of the 1997 penal code, there prescribed the crime of non-instant report on loss of officially equipped guns. The prescription of this crime is both an inheritance and development of the "Regulation of Management of Firearms of People's Republic of China" drawn up by the State Department in 1981 and the "Act on Regulations of Firearms of People's Republic of China" constituted by the Standing Committee of National People's Congress in 1996. Article 129 of the penal code reveals the severe regulating systems on Firearms in China. However, certain problems exit in Article 129 that results in the scarce practice of it. These problems are namely the criminal relationship between the evil conduct and the severe consequences, the subjective aspect of the crime and the form of its responsibility of whether being strict liability. Certain controversies display over these issues. Regarding to these problems, the thesis takes a preliminary view on important theoretical issues relating to this crime. The author hopes that his thesis can arouse the interests of other scholar and share their valuable opinions on this crime. And hence we can perfect of the legislature and make it in obedience to the fundamental principle of criminal law and carry out it more reasonable in the legal practice.Besides the foreword and the epilogue, the thesis can be divided into four parts. These four part in turn make analysis on the criminal relationship between conduct and results, the subjective aspect of the crime and whether this article is a form of strict liability. In the fourth part, the author states his opinions over the perfecting of the crime. More concrete contents will be displayed as followed.Part one is "An analysis into the criminal relationship between conduct and results", and it consists of two sections. Section one is an understanding of the conduct and result of this crime. Since it is the relationship that between the conduct and result, a thorough understanding of the conduct and result of the crime is indispensable. The author considers that the core action of the crime is the non-instant reporting of the loss of officially equipped firearms, and it is also in accordance with the opinion of most of domestic scholars. The cause of losing firearms can deviate from case to case. As to the understanding of "non-instant", the author thinks that it should be judged by the court according to the concrete situation and no rigid standard should be prescribed. The code does not prescribed the concrete content of severe result. In the legal practice, it means in most case that other outlaw use the lost firearms to commit new crimes, or serious injury or death or immense loss of property owned by public or private caused by the misuse of lost firearms. Section two cites the controversy over the criminal relationship first, and then convey the idea that non-instant reporting of the loss of officially equipped firearms and serious result are related at the most, but not criminally related, which is based on the overview in the theory of domestic and continent criminal jurisprudence.Part two is about the subjective aspect of the crime, and it is also composed of two sections. Section one is a display of the controversy over the subjective aspect, namely negligence, willfulness and complex subjective aspect. Section two bases its discuss on the research made by predecessors. Thorough the analysis on the role played by the severe result in the subjective aspect, assuming the crime is conduct-defined or result-defined, the author concludes that severe results do not cause any effect in the subjective aspect. Therefore the subjective aspect of this crime can only be intention, namely intentionally do not report instantly after the awareness of losing firearms.Part three is about whether this crime is a form a strict liability. It contains two sections. Thorough the analysis above, the author thinks that this crime is contradictory to the fundamental principle that the subject aspect should be in accor...
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