| In recent years,the development of the top intelligent technology,led by the Internet,has not only changed the way of people’s life,but also greatly improved the quality of people’s life.With the rise of networking technology and the continuous evolution of artificial intelligence,the means of crime have been showing the characteristics of the big data era.It can be said that where the Internet covers,there lies "Internet plus crime".At the same time,with the merging of the gun-related crimes,which have been in strict management and control of the nation,with the yearly increasing of gun-related cases and members involved cracked by the Public Security Administration,the group carrying guns are merging,and some guns have been obtained by dangerous people through illegal channels,seriously disrupting the social order,and putting a great threat to the the construction of civilization.It is important that gun related crime cases in the era of big data are quite different with the traditional gun crimes.Its main characteristics are the area of greater span,cross-border,concealed identity by the criminals by means of communication and network platform,the logistics network,network terminal means of payment,simplification of the transaction process and etc.Which leads to the lengthening of the detection period,and more difficulties encountered in the investigation.Based on the Internet and other technologies,the way of committing crimes has been increasing and new subjects are growing.In general,Internet,logistics,courier and communication operators used by criminals,all act as the helper in gun related crimes.To deal with the blowout of crime in the era of big data,legal supervision mechanism of our country is not completed.Criminal law as the main body of the penalty mechanism is nether systematic nor balanced,lacking clear legal regulation as to the new features and new subject of gun related crimes,leading to the overprotection of the new legal interest that has been a lay back in the specific cases,which has given the real criminals a loose environment of gun crimes and hurt some ordinary people in the name of legislation.In this environment,combined with the characteristics of the big data era,this paper re-deconstructs the issue of gun related crime,and focuses on the drawbacks of the legal binding mechanism of gun related crimes in the era of big data.First of all,the new trend of gun related crime activities in the era of big data is concretely elaborated,which is different from the traditional gun related crime.The theory of gun related crime in the era of big data is analyzed in an all-round way.Secondly,detailed analysis on the legal basis of firearms and ammunition as the object of crime and crime tools charges,summing up the new characteristics of gun crimes under the era of big data.Thirdly,Japan,which has low gun holding rate and less gun related crimes,and the United States,which has high gun holding rate and more gun related crimes,is included in the research scope to analyze the legal mechanism of gun related crimes in these two countries.Through the analysis of extraterritorial gun related crimes,the paper focuses on the legislation and legal supervision of gun related crimes.Combined with the background of the times,it analyzes the adverse effects of gun related criminal activities on social development.The most important issue is the delay in the legislation,which leads to the increase of the subjects involved in gun crimes.The Internet and other fields can not specifically define the legal responsibilities of criminals.Finally,according to the characteristics of the era of big data,multi angle analysis of the relevant measure to solve the problem of gun crimes and measures,we should take advantage of changes brought about by big data,conform to the needs of the times,to further improve the relevant laws and regulations,refining the standard of identification and appraisal of firearms,allocating the responsibilities of Internet,logistics and express delivery and other areas in a specific and detailed way.Through the implementation of scientific strategic decision,we could better control the growth rate of gun crimes in the era of big data,providing valuable decision reference for our nation to promote the construction of socialist rule of law,building a better country. |
