作者:转载 浏览: 发表时间:2020-03-02 09:58:01 来源:转载

Owning toy guns leads to life imprisonment in China due to strict laws on firearms


By Bai Tiantian Source:Global Times Published: 2016/11/1 19:53:39

记者:白天天,来源:环球时报,发表时间:2016 / 11 / 1 19:53:39 


One of the strictest countries in terms of gun control, China has seen many military enthusiasts unknowingly landing themselves in hot water for buying replica guns that are considered toys in other parts of the world but are seen as deadly weapons by the Chinese authorities. The strict firearm policy stems from a long history of weapon bans dating back to China's dynastic past, which remains deeply rooted in the authorities' anxiety toward social uprisings and how lax control of firearms may raise the cost of maintaining stability.


Police in Guangzhou display the guns they seized in a crackdown. Photo: CFP


 Buying a toy gun may lead to life imprisonment in China but many people are not aware of it. 


Liu Dawei, 20, thought it was a joke when he was questioned by police but later grew desperate when a court in Quanzhou, East China's Fujian Province ruled that 20 out of 24 of his replica guns, bought online from a Taiwan vendor and confiscated by mainland customs, were de-facto firearms and sentenced him to life imprisonment for weapon smuggling. 


Liu felt the verdict could not be more ridiculous, arguing that the replica guns were merely toys with no ability to hurt people. 


"Shoot me with my guns. I will plead guilty if they are capable of killing me!" Liu screamed in desperation at the judges when his verdict was announced last year. 


His family was devastated. 


His mother, Hu Guoji, burst into tears when Liu told his parents during their visits that he wanted to commit suicide. 


"My son has always wanted to join the army. He started playing with plastic toy guns when he was three. He bought those replica guns to feel closer to his dream. Is this what he is supposed to get for wanting to defend his country?" Liu Dawei's father, Liu Xingzhong, told the Global Times. 

To save their son, Liu's family has filed an appeal with the Fujian High People's Court. After waiting for more than a year, they finally received a notice two weeks ago saying that the court has started reviewing the case. 

Liu was one of many people in China who, due to a lack of knowledge of the country's strict definition of firearms and rigid gun control policies, unknowingly made themselves criminals by trading or possessing what they believe are toy guns, which the authorities see as deadly


"China is one of the strictest countries in the world in terms of gun control regulations. There has been a historic tradition in this country, dating all the way back to Qin Dynasty (221BC -206BC), to ban the possession of weapons, which is deeply rooted in the authorities' anxiety and distrust toward what may come next if weapons are easily obtained by civilians," Ruan Qilin, a professor at the China University of Political Science and Law, told the Global Times. 

中国是世界上枪支管制最严格的国家之一。这一传统可以追溯到秦朝(公元前221年- 206),禁止携带武器,它深深地植根于当局对民众容易获得武器可能带来什么的焦虑和不信任。”中国政法大学教授阮齐林告诉《环球时报》


Crime threshold lowered


China's Criminal Law, which was implemented in 1980, enforces severe punishment on the smuggling and illegal trade of firearms without providing a clear definition of what constitutes an illegal gun. 


The punishment ranges from three years in jail for selling or buying one gun to life imprisonment or even the death sentence for dealing with more than 20 guns, according to Ruan. 


The current definition of firearms, which is widely adopted in courts across China, was created by the Ministry of Public Security in a 2010 document. It stipulates that guns that are able to fire bullets with a kinetic force of over 1.8 joules per square centimeter will be considered illegal firearms. 

This new definition was based on a recommendatory industry standard made by a criminal technology committee in 2007, which was nine times more stringent than the previous one.


枪口比动能表:中国大陆1.8j/cm2 1.6j/cm2为穿透皮肤所需最低比动能值,7.07j/cm2为香港标准。20j/cm2为台湾标准。

However, this criterion has been questioned by many scholars as a research report published in the Journal of Fujian Police College in 2008 showed that the minimum kinetic energy required to penetrate the human skin is 16 joules per square centimeter. 


According to Zhou Yuzhong, a lawyer from the Yingke Law Firm who specializes in replica gun cases, the 1.8 joules per square centimeter threshold in the Chinese mainland is an 11th of the threshold used in Japan and Taiwan, and a quarter of the standard adopted by Hong Kong and Macao. 


By the 1.8 joules per square centimeter definition, the bullets can barely create a bruise on the human skin let alone shed any blood," Zhou said. 


"Those who buy what were considered toy guns in Taiwan and Hong Kong will be charged with major felonies in the Chinese mainland. It looks almost like a farce," Zhou noted.


Zhou said his clients in gun cases come from all walks of life, including law enforcement staff such as police officers and judges. 


One of his clients, Meng Qingwu, who served four years in a prison in Shenyang, Northeast China's Liaoning Province after selling seven replica guns in his toy shop in 2009, shared a cell with three prisoners on death row. 


"It felt like a nightmare. One of my cellmates had killed four people and was still able to sleep soundly at night. I never quite understand how I deserved to be locked up in the same room with a bunch of murderers when all I did was play with toy guns," Meng said.


Lü Hongwu, a former judge from Jinhua, East China's Zhejiang Province who was sentenced to three years in prison with a three year reprieve for owning two BB guns, said the government has failed to notify the public of their 2010 change of policy.


"It came very suddenly when what used to be toy guns became defined as firearms. This includes rifles used in amusement parks to shoot balloons for prizes. If the Ministry of Public Security had broadcast it on TV or made public announcements in newspapers when they changed the criteria, people would oblige. But it did so quietly and many people became criminals without knowing it," he said.


Toy guns are popular among children. Photos: CFP


Lack of legal support


Since the new definition was implemented, the number of gun cases has significantly increased. 


According to data from the Ministry of Public Security, law enforcement officials busted over 9,000 cases involving making and selling guns from 2011 to 2015, arresting more than 80,000 people. 


"In a lot of these cases, the so-called suspects had insisted that they had no idea that the 'toy guns' they purchased or sold are legally firearms. Therefore it is common for them to feel the verdicts are unjust," Chen Zhijun, a professor from the People's Public Security University of China, wrote in a paper published in the Journal of the National Prosecutors College. 


He cited an example where up to 90 percent of the gun-related cases processed by Daxing district court in Beijing from 2010 to 2012 fell into the aforementioned category. 


Chen admitted that the gun definition provided by the authorities falls far from public expectations and fails to keep a balance between maintaining social stability and safeguarding personal freedom. 


"The replica gun cases usually have no victims. The suspects are either military enthusiasts or small businesspeople who have no intention to break the law," Zhou said. 


Since 2011, Zhou has petitioned multiple times to the State Council and the National People's Congress (NPC) to abolish the current definition. Similar proposals were brought up at this year's two sessions by the Chinese People's Political Consultative Conference (CPPCC) member Zhu Zhengfu and NPC delegate Cai Xuefen, both of whom proposed that the standard be raised from 1.8 joule per square centimeter to 16. 


"The current definition lacks legal support and is entirely based on an internal document of the Ministry of Public Security which has then based on industry standards. The core issue here is to prevent the administrative power of the police from meddling in legal affairs," Zhou told the Global Times. 


He claimed that these cases often create judicial chaos and infringe upon citizens' rights and personal freedom. 


"The ideological root of China's strict gun control policy is the long-existing gun-phobia in Chinese society. Inaccurate media reports that confuse replica guns with firearms and those that exaggerate the dangers of replica guns also contribute to the sentiment," Zhou said, adding that the government should differentiate different guns and recognize that the low-end ones are toys.  


Zhou's opinion was echoed by Chen, who urged in his paper that China should carefully revise the current definition of firearms, especially for air rifles. 


Ruan, on the other hand, defends the current criteria. 
"Some of the rifles may not be able to deter the police force but can definitely scare off common citizens, which is not conducive to maintaining stability," Ruan said.


"It's not the definition or the criterion that created all the issues. The criterion will work better if the Criminal Law can be applied more flexibly," he noted.

Newspaper headline: ‘Kill me with my gun if you can’


被告人数众多案件庭审僵局难解呼唤松绑共同辩护 刑辩“转诊”制度应予完善 湖南:导轨被“枪”案X某昨日终被取保 ​  酒店离奇坠楼案终审:自行跳楼不被采信被告担责八成 22年版BB弹类枪支散件鉴标升至伤眼枪标六倍意义有多大? 二审辩护权被剥侵常见情形及应对 “枪支散件”应正名为“枪支主件”并严格限定认定范围(附公民建议书) 枪支散件入刑类案无罪辩护要点 钥匙扣“枪”案检察官网上为夫喊冤不是应有的“报应” 劳荣枝案二审维持死刑,暴露三个程序遗憾 莫剑波BB枪案从控罪三年到免罚的辩护总结 跨越二十年法子英律师会见笔录成为指控劳荣枝证据 是否颠覆辩护伦理? 反转 仿真枪小贩入狱4年被撤诉 购仿真枪被判无期少年迎再审 强制执行法需做四大修改才能让老赖不再嚣张 无罪辩护中律师与客户双向选择要点 残疾(死亡)赔偿金不属刑附民诉讼范围的司法解释条文应确认无效 How to prepare and conduct a plea of not guilty in China Former judge gets free sentence for buying 2 BB guns 无罪辩护的准备与展开——执业二十周年会议主题发言 以专业力促正义——纪念周玉忠律师从业二十周年 马欢实心发令器配件被枪支案重审宣判 从十一年六个月减为四年九个月 700万元债权侵权纠纷案以20万元和解 公安部2019枪规有哪些新的变化 周某集资诈骗案二审从十年改为五年 妇女权益保障法应改为性别平等保障法  熔喷布机销售案:二审改判控股股东承担连带责任 国庆前夕一开设赌场罪嫌疑人不批准逮捕后转治安处罚结案 复旦大学开除三嫖娼学生学籍有违比例原则 莫剑波持6支BB枪案一审判处免予处罚 从“崖山之后无中华”到“崖山之后”再造中华! 厦门:万言上诉求无罪案被秒结,检察机关发函纠正必须再审 钥匙扣“枪”案一审宣判12人免罚3人法定刑下量刑 “伤眼即枪”试验比“熟蛋返生”实验更加恶劣 长沙:生产过桥等配件被控非法制造枪支案:情节严重不成立判四年半 女辅警“敲诈”案应先让民法典评价 公司登记信息公示应戒娱乐性加强实用性 开设赌场罪审前辩护先获自由再被不起诉 爆竹炸鱼入罪与假枪真罪哪个更离谱?! 《行政处罚法》确立拘留暂缓制度,意见被部分采纳 可借鉴的对岸刑事诉讼法条文一览 民法典使业主自治决策难度明降暗升? 鞍山:钥匙扣枪案连审三天律师十大理由力辩无罪 退伍军人淘宝卖火柴枪案昨日取保 鞍山:因4厘米左轮“枪”深圳老板等15人被控枪罪案今日开庭 当前认罪认罚制度的异化趋势及解决出路 深圳:军迷被枪罪公堂垂泪,律师无罪辩同行相怼! 关于确认公安部三个枪规文件无效的申请书 《行政文件监督条例》公民建议稿 深圳:11军迷购BB枪被诉非法买卖枪支罪案17日开庭,律师作无罪辩护 为假枪真罪站台,南开大学刑法博导模糊了哪些法理与常识 熔喷布机购销纠纷案的主要问题 民法典编纂修改意见二(婚姻家庭及继承篇) 民法典编纂修改意见一(总则合同物权篇) 让“不打工男”好起来,这才是社会应有的态度! 全国首例开发商收购房屋被诉“补一罚三”案终审判赔差价及利息 永广高铁入规十四五,民间呼吁暂告段落 一条短信到底是多长? 消费者知情权获保障 港人99年认购房屋被开发商转卖诉讼六年终追回 借名购房案中利用证据优势推翻房屋登记实现房归原主 含大圆柱最坑爹商铺买卖案二审大逆转圆满和解 从美国枪击案近况看中国“假枪真罪”的荒唐—反假枪真罪十年总结报告 马某买2支BB枪案被不起诉 盈科案例|全国首例:卖18支仿真枪玩具商从重判十年到无罪获赔 央视[法治在线]法治封面:玩仿真枪 判无期徒刑? 仿真枪的罪与刑之三:周玉忠律师与仿真枪案的八年抗战 知道|律师:“假枪真罪”判无罪,比冤案平反都难




TEL:020-3138 3338




Copyright© 2019  All Rights Reserved 我要法网 周玉忠律师未经授权,不得复制转载!技术支持:富码科技 粤ICP备10019804号   网站地图

Copyright© 2019  All Rights Reserved 我要法网 周玉忠律师未经授权不得复制转载     技术支持:雷霆富码