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环球时报英文版全面报道假枪真罪

作者:转载 浏览:142 发表时间:2020-03-02 09:58:01 来源:转载
枪支标准过低引发的假枪真罪引来举世关注,高调依法治国的中国需要对此进行违宪审查

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

拥有玩具枪在中国被终身监禁源于严厉枪支规定

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 

翻译:周玉忠

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.

作为枪支严格最为管制的国家之一,中国的许多军迷因为购买了在世界其他地方被看作为玩具而被中国政府视为致命武器的仿真枪而不知不觉地将自己陷入困境。严格的枪支管制政策与久远王朝武器禁令一脉相承,它仍然深深植根于当局对社会动荡和枪支管理松懈可能提高保持社会稳定成本的焦虑。

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

广州市公安局展示缴获的枪支


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

买一个玩具枪在中国可能导致终身监禁,但许多人没有意识到这一点。


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. 

刘大蔚,20岁,当他被警方询问时他先认为这是一个笑话,而当华东地区福建省泉州法院判决,大陆海关查获的他从台湾卖家所购买的24支仿真枪中20支是事实上枪支,并以走私武器罪判处无期徒刑时,他变得绝望。

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

刘认为判决不能再荒谬,他争辩说,仿真枪只是玩具,不可能伤害人。

"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. 

用我的枪射击。如果他们能杀了我,我会认罪的!当去年宣布判决时,他绝望地尖叫起来。

His family was devastated. 

他的家庭被这摧毁了。

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

在刘的父母探监时,刘告诉他的父母他想自杀。他的母亲胡国继当场泪流满面。

"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. 
我儿子一直想参军。当他三岁的时候,他开始玩塑料玩具枪。他买了那些仿真枪,就是体验接近梦想的感觉。这是他应该得到的想保卫自己的国家吗?刘大蔚的父亲刘行中告诉环球时报。

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. 
为了救自己的儿子,刘的家人向福建高级人民法院提起申诉。在等待了一年多之后,两个星期前,他们终于收到了法院决定再审的通知。

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

刘只是中国众多案件的一个,由于缺乏对国家严格枪支定义和枪支控制政策的知识,他们在不知不觉中,因为交易或持有在他们所认为的玩具枪而当局视为致命的武器而被成为罪犯。

"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》


“用我的枪向我射击,如果能够杀了我就认罪”。当他被以走私武器罪判处无期徒刑时,刘大蔚绝望地尖叫。

Crime threshold lowered

入罪门槛降低

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. 

1980实施的中国刑法,对走私武器和非法交易枪支规定极其严厉的惩罚,但并没有给出清晰枪支定义。

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. 

“买卖一支枪至超过20支的,量刑范围从三年有期徒刑至无期甚至死刑不等。”阮介绍说。

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. 
现行被全中国法庭广泛使用的枪支标准,是公安部于2010的一份文件强令实施的。它规定,枪口动能超过1.8焦耳每平方厘米,将被视为枪支。

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.

这个新的定义来源于公安部刑事技术委员会于2007制定的推荐性行业标准,这比以前严格了九倍。

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. 

然而,这一标准一直受到许多学者的质疑,在2008年福建警察学院学报发表的一份研究报告显示,穿透人体皮肤所需的最低比动能是16焦耳/平方厘米。

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. 

根据盈科律师所专门从事仿真枪案件的律师周玉忠研究,1.8焦耳/平方厘米的门槛仅是台湾地区和日本的1/11,港澳的1/4

"
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. 

周说:“1.8焦耳/平方厘米标准弹丸射击只能造成表面红肿难以流血”。

"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.

那些在台湾和香港买的玩具枪在中国大陆却要被控重罪。它看起来几乎像一场闹剧,周指出。

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

周说,他的涉枪客户来自各行各业,包括执法人员,如警察和法官。

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. 

其中一个叫孟庆武,他因为在自己的玩具店出售7支仿真枪后于2009年在中国东北辽宁省沈阳市被判入狱四年,与三个死刑犯共住一个房间。

"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.

它感觉像一个噩梦。我的一个室友杀害了四人,还可以在晚上睡得好。我从来没有完全明白我应当如何与一堆凶手锁在一个房间里,我所做的玩玩具枪,孟说。

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.

吕洪武,一个来华东地区浙江省金华的前法官,因为拥有两支BB枪被判处有期徒刑三年缓刑三年,他认为政府没有告诉公众他们在2010年改变了政策。

"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.

包括在游乐园中使用的步枪射击的玩具枪被定义为枪支,太突然了。如果公安部有在电视上或在报纸上公开宣布时,他们改变了标准,人们将被迫服从。但它悄悄地做了让许多人不知不觉中成为罪犯。他说。

Toy guns are popular among children. Photos: CFP

玩具枪在孩子中广泛使用。

Lack of legal support

缺乏法律支持

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

自从新的标准实施,涉枪案件大幅度增加。

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. 

据来自公安部的数据,从2011到2015执法人员捣毁9000多宗涉及制贩枪支案件,抓获涉案人员80000余人。

"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. 

在许多案例中,所谓的犯罪嫌疑人坚持说,他们不知道他们购买或出售的玩具枪”是法律上的枪支。因此他们普遍认为判决是不公正的。陈志军,中国人民公安大学教授,在发表于国家检察官学院学报论文中指出。

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. 

他列举了一个例子,北京大兴区法院从2010至2012高达90%涉枪案件属于此类。

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. 

陈承认,当局提供的枪支定义与公众的期望落差很大,没有实现保持维护社会稳定和维护个人自由之间的平衡。

"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. 

仿真枪案件通常没有受害者。犯罪嫌疑人或是军事爱好者或小商人无意违反法律,周说。

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. 

2011年以来,周曾多次向国务院和全国人大(NPC)建议取消现行的枪支定义。类似建议还有在今年的两会上,政协委员朱征夫、人大代表蔡学恩两人提出的标准从1.8焦耳每平方厘米提升至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. 

目前定义缺乏法律支持,完全是基于公安部的内部文件和推荐性行业标准。这里的核心问题是防止警方的行政权力干预法律案件。周告诉环球时报。

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

他声称,这些案件往往造成司法混乱,侵犯公民的权利和个人自由。

"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.  

中国严格枪支控制政策的思想根源是中国社会长期存在的枪支恐惧症。混淆仿真枪与枪支、渲染仿真枪的危险等不准确的媒体报道,扩大了这种状况。”“周补充说,政府应该区分不同的枪形物分门别类管理,并将低能量仿真枪确认为玩具。

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. 

周的意见得到了陈的响应。他在论文中呼吁,中国应认真修改当前枪支定义的,尤其是气步枪。

Ruan, on the other hand, defends the current criteria. 
阮,在另一方面为现行标准辩护。
"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.

阮说:有些步枪可能无法阻止警察暴力,但是绝对可以吓跑普通公民,这是不利于保持稳定,阮说。

"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.

他指出:这不是定义或标准导致了所有的问题。如果刑法可以更灵活的适用,该标准将运用得更好。
Newspaper headline: ‘Kill me with my gun if you can’

报纸标题:如果你能,请用我的枪杀了我!


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