The Study On The Standard Of Conviction On The Crime Of Illegal Possession Of Firearms

The crime of illegal possession of firearms,as a very important crime in China,is of great significance to regulate the control of guns,maintain social order and public security.Nevertheless,some problems emerged as some criminals suspected of being involved in illegal possession of guns has been detained,prosecuted and judged.One of main reasons is that various understanding towards the standard of conviction on the crime of illegal possession of firearms leads to different conviction and punishment on gun related behaviors.Because of special requirements on gun control in China,related study and practice seem slightly deficient among which the standard of conviction on the crime of illegal possession of firearms has become one of the problems that are urgent to clarify.First of all,I demonstrated the features and current situation of conviction on the crime of illegal possession of firearms,and the legal explanation of illegal,possession and firearms based on jurisprudence.Then,I further analyzed the case “Mrs.Zhao from Tianjin was convicted to possess guns illegally because of setting up a balloon shooter stall on the street” and reflected on our shortcomings and flaws of the application of law of the crime on illegal possession of firearms.The unfairness of the identification of firearm,the ignorance of the crimes and the disputes on social harmfulness easily result in conflicts and contradiction between social fairness and severe punishment on gun related cases.Therefore,I recommended to refine the standards of conviction,perfect the regulations,redefine firearms,construct binary processing mode of the crime of illegal possession of firearms,revise blank description of crime and enhance the clarity of the crime of illegal possession of firearms so as to improve the criminalization legislation and practice standard to make balance and justice come true.