非法持有枪支、弹药罪的适用问题探讨

Probe into the Applicable Problem on Ill-hold Gun and Ammunition Crime

在刑法中设置非法持有枪支、弹药罪的立法意图,是以堵截构成要件对涉及枪支、弹药案件的犯罪人逃漏法网的可能进行堵塞拦截,因而在司法适用中应当着力体现这一意图。

The legislative intention of ill-hold gun and ammunition crime stimulated in Criminal Law is to intercept the criminal who involves ill-hold gun and ammunition case. We should reflect this legislative intention in judicial practice to intercept the criminal who attempts to escape legal punishment according to the interceptive structural factors.