丢失枪支不报罪的立法缺陷与完善

Legislative Drawback and Perfection on the Crime of Losing Firearm and no Report

对丢失枪支不报罪立法设计上的缺陷及其完善问题,从罪状、法定刑与法理三个层面上作了一定程度的探讨,建 议将该条修改为:依法配备、配置枪支的人员,在枪支丢失、被盗、被抢或者被骗后不及时报告的,处三年以下有期 徒刑或者拘役;造成严重后果的,处三年以上七年以下有期徒刑。

The essay has inquired into the drawback of legislation and the question of perfection on the crime of losing firearm and no report from facts about a crime,legal penalty and theory of law,and think that the article in laws and regulations should be revised as: the person legally equipped with firearm who dose not report the police bureau immediately when he discovered the fact that his firearm was stolen , was lost , was cheated away or was robbed by criminal should be punished no more than three years imprisonment or criminal detention;epunished three to seven years imprisonment if there is more severe result.