| 英文摘要 |
In the specific provisions of China´s Criminal Law, “guns” are manifested in three forms: independent charges, selective elements and aggravating circumstances. Guns have a special position in the specific provisions of Criminal Law, which fundamentally originates from the high risk of guns themselves, and the concept of “guns” should have internal consistency. In other words, the identification of guns in the specific provisions of China’s criminal law should follow a unified identification standard. The current identification of guns in China is mainly based on a single administrative standard. In terms of the current gun standards, there are deficiencies in the division of standard guns and the establishment of muzzle energy standards for non-standard guns. In addition, the unitary identification system of guns based on a single administrative standard also has structural defects. For the improvement of the current gun identification standards, first of all, we should make a more detailed division of standard guns; Secondly, we should establish more reasonable identification standards for non-standard guns based on the spirit of the current law. After all, whether through legislative amendment or the introduction of judicial interpretation, establishing criminal standards for gun identification independent of administrative standards and building a dual gun identification system are the due meaning of solving the controversial problems of gun related cases. |
