Study On The Case Of Wang Guoqi Selling Fake Guns

As a typical case of imitation gun,the case of Wang guoqi's illegal sale and transportation of guns is recognized as a case of guns,which has aroused widespread controversy.The first instance was sentenced to 10 years' imprisonment and finally acquitted.The great contrast between the public's understanding and the judgment,as well as the application of the recognition standard,became the focus of this case.The judgment of the first trial and the result of the final determination of this case reflect that the judicial organs in our country have misused the knowledge and criterion of law when dealing with the cases involving guns,and neglect the knowledge of illegality is the necessary prerequisite for the existence of criminal intent.If the perpetrator has no knowledge of illegality,it should not be considered that there is criminal intent.In the case of confusion between the wrong cognition of facts and the wrong cognition of illegality,there is a problem of "only quantity theory" in sentencing,that is,whether the crime is serious is measured by the number of guns.This has a huge difference with the understanding of the public,which is harmful to the authority of criminal law.Through the analysis of the selected cases,it can be concluded that: first,the understanding of illegality is the necessary prerequisite to determine whether there is criminal intent;second,if there is no understanding of illegality in gun related crimes,there should be no criminal intent;third,the confusion between the error of fact understanding and that of illegality leads to the qualitative error in gun related cases.Fourth,we should adhere to the following standards in the determination of guns: setting different legal punishment ranges according to the killing power of guns,avoiding the situation of "only quantity theory" in the sentencing of gun related cases;separating the sales,transportation,manufacturing and other behaviors of simulation guns from gun related crimes,if they are illegal,we can consider prosecution with the crime of illegal operation;punishing The "gun" in the definition of law and the "gun" in the definitionof administrative law adopt the differential identification standard,on the premise of keeping the existing strict gun branch control degree unchanged,to prevent the excessive expansion of the scope of attack of gun criminal crime;for guns powered by gunpowder and guns powered by compressed gas,the differential crime entry standard is formulated,according to the great killing power of guns.Small fixed penalty.In addition,we should also strengthen the supervision of the toy gun market to avoid the situation that the people who lack effective identification means buy the toy guns that exceed the standard and thus are prosecuted.