Research On Judicial Definition Of The Crime Of Illegal Guns Trafficking

The crime of illegal guns trafficking in the criminal law of our country aims to crack down on and prevent the crime in the main section of gun circulation,which belongs to the abstract dangerous crime that endangers public security.In recent years,with the sharp decline of the standard of guns' identification in our country and the influence of the strict criminal policy of gun control,the extension of gun-related crime in criminal law has been expanding.Some cases that regard the sale of the daily necessities that can be used to assemble non-standard guns and the spare parts of guns that do not have special use as the spare parts of guns,and the crime of illegally buying and selling guns as punishment have been committed.This kind of case reflects the judge's rigid value judgment in the judgment,lack of reasonable interpretation method,only based on the formal elements into the crime and ignore the substantive elements of the judgment,mechanical application of judicial syllogism,which makes the judicial determination deviate from the general cognition and sense of justice of the people.For the reasonable judicial definition path of the case of the crime of illegally guns trafficking,we should judge its objective and subjective constitutive elements in turn based on the theory of stratum crime composition.In the objective constitutive elements,we should first judge whether it is a part of the guns in criminal law,then judge the illegal trade behavior.In the judgment of illegality,we should adhere to the principle of law and order unification,and distinguish civil and administrative illegality from criminal crime.In the judgment of subjective constitutive requirements,we should consider the influence of the actor's understanding of illegality of administrative laws and regulations related to gun on criminal intent.As for guns related cases,they should not be all convicted.The legal relationship should be made clear first.For the crime of illegal trade in firearms,the abstract dangerous crime should not only be from the formal aspect,but also from the formal and substantial aspect.On the formal aspect,we should clarify the boundary between the gun parts in criminal law and the provisions in administrative law;on the substantial aspect,we should add the consideration of the perpetrator's illegality to the cognizance of the case of illegal sale of guns.For the behavior that does not conform to the constitutive requirements of the crime,it is necessary to dredge the crime path according to the principle of legality.The judgment that does not conform to the public's cognition often appears in gun related crimes needs judicial reflection,so as to avoid it as much as possible in the judgment.