A Research On The Crime Of Losing Firearms Without Report

The crime of losing firearms without report is stipulated in Article 129 of the Criminal Law of China in 1997.The establishment of this crime is the inheritance and development of the Firearms Management Law of China,and also strengthens the strict gun management system in China from the criminal law,which plays a great role in promoting the severe punishment of illegal crimes related to guns.However,whether the crime is in the objective aspects of various elements or the form of the subjective crime,there are many serious differences in the theoretical circle,which has a great impact on the judicial practice circle.This situation is very bad for the unity and justice of the judiciary.The crime of losing firearms without report of this paper is to analysis the existing problems in legislation and judicial interpretation,and the objective elements of this crime is analyzed and determined,and the problem of subjective sin clear this crime objective aspect and subjective fault,and the nature of the judicial interpretation related problems,in order to be helpful to the judicial organs apply this crime accurately and realize judicial justice.The full text is divided into three chapters.First chapter,mainly from the lost guns not submitted to the crime legislation and judicial explanation,the paper analyses the status quo,through the analysis of this crime in the "criminal law","gun control" mode of legislation and crimes and the Supreme People’s Procuratorate,Ministry of Public Security of the public security organ under the jurisdiction of the criminal case filing of prosecution,the provisions of the standard(a),discusses the present situation of judicial interpretation,the clarity of the subject of this crime,harm behavior such as crime constitutive requirements.The second chapter,with an overview of the theory of logic point,respectively from the aspects of criminal subject,objective and subjective aspects of lost guns not submitted to the crime legislation and judicial interpretation on the existing problems were discussed and the theory of evaluation,analyzes the guns definition is not scientific and the cognizance of this crime subject,not timely report,causality and subjective fault all the problems and controversy,The fundamental reason lies in the inconsistency between subjectivity and objectivity caused by the existing legislative mode of consequential crime of this crime.At the same time,in the analysis of the problem of statutory punishment,this crime is easy to be confused with the crime of dereliction of duty,and the inconsistency of statutory punishment will lead to improper punishment.The third chapter puts forward suggestions to improve the problems existing in the second chapter of the crime of not reporting lost guns.Based on the evaluation and analysis of different theories and the experience of different foreign countries,the following suggestions are drawn.First,draw lessons from the experience of South Korea to redefine guns and expand the scope of criminal subjects accordingly.Second,the law clearly stipulates the situation of stolen and robbed guns;Third,the identification standard of "not timely reporting" is stipulated in the judicial interpretation;The fourth is to affirm the existence of causality,the fifth is to make clear that the subjective fault is intentional,to punish from the standpoint of the principle of responsibility,to avoid objective imputation;Sixth,it tries to reconstruct the crime of not reporting the crime of losing the gun through the legislative mode of behavioral crime,to calm down the disputes between theories and unify the theory guiding the practice.Seventh,scientific allocation of legal punishment for this crime.