丢失枪支不报罪主观罪过的新解析

A New Interpretation of the Mens Rea of the Crime of Failure to Report on the Loss of Gun

对丢失枪支不报罪的罪过形态问题理论界分歧很大,过失说或复合罪过说都存在明显缺陷。解决问题的关键在于找准评价的基准问题。应着眼于不及时报告来考察罪过形态,依此,丢失枪支不报罪应该是一种故意犯罪。

There is much controversy over whether the crime of failure to report the loss of gun is an intentional crime or a negligent one. The key to solving this problem lies in properly determining the ground on which the evaluation is based. We should tackle this problem by focusing on the offender＇s failure to report, and in the light of this view, it should be deemed as an intentional crime.