Identification Of "Murder Weapon" In The Crime Of Carrying Murder Weapon

The crimes of "carrying weapons" mainly involve articles 264 and 267 in the criminal law.In addition,similar concepts concerning murders are also involved in the judicial interpretation of the crime of provocation.The identification of the weapon is an important part of the criminal justice practice.It is related to whether the judgment of the actor constitutes a crime,which constitutes such a crime or a crime,and the crime is serious.However,because it does not have an accurate definition of conviction and sentencing for criminal justice practice,it is not conducive to promoting judicial justice and exerting the guiding and evaluation role of criminal law.Due to the important role of the identification of weapons,the academic community has also discussed it.There are two main points of view,namely "killing power" and "intimidation",among which "killing power" has been widely recognized.It divides the weapon into weapons of a nature and weapons of use.The weapon in nature is easily identified due to the standard.Regarding the use of weapons,it refers to appliances that may or can be used to kill others in terms of use.Although "killing power" is more reasonable than "intimidation",there are still theoretical dilemmas such as over-evaluation.By analyzing various theories,considering the application of judicial practice,the weapon should be a dangerous object that can cause reality to the human hazard and is extremely dangerous.Whether an item is a weapon or other type of item is a problem that is often faced in judicial practice and affects the accurate determination of the weapon.By comparing and distinguishing weapons and related items in terms of scope and application,some concepts that are easily confused are explained and differentiated.Identify the criteria for the identification of the weapon and the characteristics of the weapon.In combination with the current "two highs" judicial interpretation of the murder weapon in the crime of robbery and theft,the typical crimes including the concept of weapons,such as carrying weapons,stealing weapons and using weapons to find the scope of the weapon.Through the analysis of the judicial interpretation of the theft of the weapon and the looting of the weapon,the original intention of the "murder" in the legislation was explored.In combination with judicial practice,it is determined from the subjective purpose and objective dangers of the murderous murders that have not yet been specifically applied.Further clarify the criteria for the identification of weapons in the crime of carrying weapons.