Study On The Crime Of Losing Firearms Without Reporting

In order to meet the need of strict management of firearms and severe punishment of the crime involving the firearms, some new provisions were set up in the amended criminal law. The crime of losing firearms without reporting is one of them. The established accusation contributes to helping judicial organ hit the crime of losing firearms without reporting by the law, and to helping the people provided for firearms according to law strengthen responsibility and tighten up the management of firearms in order that firearms don't wander about in the society. This may take effective precaution against severe crimes concerning firearms lest they threaten the public security of society. Although legislative organ provided special regulations for the crime of losing firearms without reporting, which helped judicial branch hit the crime by clear rules, theoretical circle of criminal jurisprudence of our nation had heavily different opinions on how to confirm the objective facts, subjective offence and other problems, which brought about some serious deviations from the application of the judiciary. This situation is not conducive to the reunification of justice and fairness. In view of this, at present, judicial practice in China, many differences urgent need for the scientific understanding of this crime to accurately guide the application of this crime, in order to eliminate the application of the criminal judicial process in a chaotic situation there.Based on those above, this dissertation first put forward the heavily different opinions in confirming the objective facts, the subjective offence and other problems, and then use some fundamental principles of criminal jurisprudence to discuss and analyses these opinions above so as to distinguish merits and defects of every kind of opinions, and finally it put forward some new views and reasons based on the discussions and analyses above in order to provide a scientific and reasonable reverence for judicial organ.The first part, "losing firearms" and "not report in time" identified. "losing firearms", is not just because of poorly secured and missing firearms, also including stolen, looted and other situations. It refers to acts of a firearm out of control, but not the reason which makes it out of control. Expansion explanation is in line with the legislative intent. The "not report in time" refers to the judgment on time is not the relative certain time, such as "a few hours" "within 24 hours" or "within a couple of days". Whether the perpetrators of the acts report losing firearms in time, take the time of losing firearms they know or should know as the onset of points, then, according to the objective circumstances, and the combination of their own situation, to judge whether the perpetrators of the acts report losing firearms in time. If the perpetrator knew losing firearms, or is not know in practical, according to the subjective and objective situation, if the perpetrator should be made aware of their duties so that they should know that their firearms were lost. In that case, should take the time of losing firearms they know or should know as the onset of points, then, based on the objective and subjective conditions, judging the time required to report losing firearms. Then determine whether their report is in time. If the report is a reasonable time, was in time, contrast, was not. As for the perpetrator because of various objective reasons led to do not know or could not know losing firearms. In practice, as long as they know or should know that losing firearms after a reasonable period of time, reporting to the interrelated organ. It will be consider in time, contrast, was not. The target of "not report in time" is the public security organs. Only after the report to the public security organs, public security organs can be prepared at the same time to take measures prevent the occurrence of harmful results. Other organs and departments do not have the ability to take precautionary measures.The second part is the "serious consequences" identification. This part explains from the content and status of the "serious consequences", and the causal relationship between the "not report in time" and the "serious consequences". The "serious consequences" mainly refers to losing firearms being used by criminals and put the criminal activity in practice or resulting in serious injury, death or serious loss of public and private property. It belongs to the "objective extra factor". This crime is the crime of nonfeasance. And there is a causal relationship between the "not report in time" and the"serious consequences".The third part is the identification of the subjective offence of the crime of losing firearms without reporting. About the offence form of the crime of losing firearms without reporting, there are mainly three viewpoints in the theoretical circle of criminal jurisprudence of our nation: first, the negligence, which refers to that the subjective offence of this crime is negligence. This negligence is relative to the mentality attitude on"serious consequences". Second, the negligence and intention, that just is the compound offence which refers to both intention (the intentional) and negligence on the offence form in one crime. Third, the intention, that is deliberately subjective in this crime. Focus on three theory, the difficulty lies in how to identify the mentality attitude which the perpetrator caused"serious consequences". By analyzing the status of the "serious consequences", identified it is the "objective extra factor", and then point that the intention is the subjective of this crime.The fourth part identified the criminal subject, cooperative crime abort and crime numbers. The criminal subject of the crime of losing firearms without reporting only refers to the person who equips firearms with the regulation of law, including the policeman of public security organs, the organs of state security, prisons, reeducation-through-labor institutions, the bailiff of People's Court, People's Procurator, the prosecutors responsible for the task of investigating cases, the anti-smuggling personnel of Customs, and the allied guard escort personnel of the important national defense, finance, warehousing, research units. But the civilian firearms equipped with the personnel and units are not the criminal subject. They can not be condemned for this crime even they lose their firearms and do not report in time, which caused the serious consequences. When the person who equips firearms with the regulation of law loses the firearms which belong to another person who equips firearms with the regulation of law, the firearm loser also has the obligation to report in time. If he does not fulfill their reporting obligations, he will be condemned for this crime. Meanwhile, as the firearms'owner, also still has the obligation to report in time, otherwise will also be condemned for this crime. If the firearm loser colludes with the owner and do not report this situation intentional, once caused the serious consequences, they would be condemned for the crime of losing firearms without reporting together. In the situation that, the person who equips firearms with the regulation of law privately rented, lent firearms and then the person who rented or lent the firearms told the owner after he lose the firearm. But the owner did not report in time, which caused the serious consequences. He should be punished for several number of crime instead of Implicated Offense which should be punished for a felony.