非法持有枪支、弹药罪的若干问题研究

Studies on Some Issues of Crime of Illegally Holding Firearms or Ammunition

非法持有枪支、弹药罪是我国现行刑法所规定的新型犯罪之一,它以持有作为认定行为人构成犯罪的行为表现方式,不同于传统上以作为和不作为行为表现方式的犯罪。在中国现行刑法所规定的数百个罪名中只有持有型犯罪最为独特。持有型犯罪是以行为方式来归类的一类犯罪。认定持有型犯罪应坚持准确地界定犯罪对象的原则、坚持主客观相统一的原则,正确处理司法实践中持有型犯罪与相关罪的吸收、牵连、想象竞合、数罪并罚关系。

Crime of illegally holding firearms and ammunition is a new model stipulated by corporal criminal law of our country, which composes the behavior holding action as the behavior form, it is unlike traditional crimes with action as form. Crime of holding something illegally is most unique in several hundred accusation stipulated by China criminal law. The crime is made by behavior form. To make clear crime of holding something illegally, we should insist the principle to decide the target of the crime, persist in reunification of practice and objective aspect, and scope the relation of the crime in practice and the related crimes including incorporation, implication, imaginative jointer of offence and cumulative punishment .