A Research On The Reform Of Gun-Control System In China

Guns have extremely antipersonnel force so that many of its aspects such as, its production, sales, transport, storing, using and abandonment, etc. should be strictly regulated by law. The state of gun-control has great significance to the safety of the country, the stabilization of politics as well as the security of people's daily life.Gun-control system is one of the important public administration systems in China and it was deeply influenced by totalitarianism in history. The government always deprived people's rights or restricted them to use guns in order to maintain the order of their domination. Since the founding of new China, Chinese government has learned the experience of the former Soviet Union for reference in administration.The administrative law exists both in theory and reality for a long time in order to maintain the country's executive power and the administrative efficiency. However the concept that "administrative law is to maintain administrative power and manage the counterparts." neglects the protection for civil rights. What this concept embodies in the control of guns is the strict management for guns that is to restrict the scope of gun using and punish gun crimes severely. Practice proves that strict control for guns has great significance to the security of the country and the stability of social order. So that it is a necessary policy for our country to insist.But attentions are only paid to public interest and security and unavoidably this causes the following problems. First, Common people are forbidden to bring guns with themselves and the scope of allowing hunters and herdsmen to use guns is too limited. In this way, the safety of lives and property of people living in mountain areas and forest are in great danger; Second, the departments provided with guns, especially those provided for civilian purpose always ignore the gun-users' life security and do not achieve the unity of performing both rights and duty (to protect gun-users' life security); Third, the laws concerning about guns are imperfect, which can be seen most clearly in that the laws about the adjustment of guns used in shooting and hunting, shooting range of profit making as well as air guns used in hunting are almost none. Fourth, there are also some problems in level and technique of legislation. The use of guns concerns about people's fundamental rights such as, right to life, but civil police's gun-using behavior is only regulated by means of administrative laws in our country. The list is endless. To solve the above problems, the author, based on the practical experience of Bureau of Public Security in Jinan City in the management of guns in the last ten years, in the perspective of balance theory, puts forward some reforming suggestions in hope of contributing to the perfection and development of gun-control system.This thesis consists of six parts. Chapter one is a introduction; chapter two introduces the basic theories of gun-control system; chapter three retrospects the historical development of gun-control system and its characteristics in China; chapter four introduces the gun-control system in the United States, Japan and Britain; chapter five analyses the problems in gun-system in China and its reform direction; chapter six puts forwards some reforming suggestions on the perfection of gun-control system in China.