美国枪支管理法及其对中国的启示
发布时间：2018-11-17 21:22
【摘要】：枪支泛滥给美国社会带来了许多严重的问题,美国涉枪犯罪率和自杀率在工业国家中一直高居榜首。为了应对枪支问题,美国主要采取了以下措施:对枪支制造行业实行许可制度,通过不定期检查、提高准入标准等途径对枪支制造商进行严格管理;通过严禁枪支邮寄、要求在枪支上印刻枪支序列号等途径管理枪支运输;规定背景检查制度,严格限制持枪人员范围;加强枪支进口管理,防止国外非法枪支走私入境;查处国内非法制造枪支、弹药的工厂,减少黑枪支数量;加强各部门配合力度和信息共享、加强枪支管理力度;鼓励枪支协会加强枪支知识培训和枪支行业监督等行为等。虽然没能完全解决枪支问题,美国的枪支管理法仍然取得了显著的效果。 世界各国针对枪支问题的基本做法主要有二种,即禁枪和控枪。美国是典型的控枪国家。为了严格控制枪支,美国进行了大量枪支管理立法。美国的枪支管理法分为两个层次:联邦立法和州立法。联邦立法在全国范围内都有效,其主要规定了枪支管理最基本的原则和单一的州立法无法涉及的问题,如跨州或跨国枪支运输和销售。联邦立法中,涉及枪支管理的最重要法是美国宪法,美国宪法第二条修正案第一次也是最权威的规定了公民的持枪权。此外,其他重要的法还有1934年《全国枪支法》、1938年《联邦枪支法》、1968年《枪支管理法》、1993年《布雷迪枪支管理法》、1994年《暴力犯罪控制与法律执行法》和1996年《家庭暴力犯罪者枪支禁止法》等。除了联邦枪支管理立法,各州也分别制定有相互独立的法管理本州,有时州与州之间的法差异很大。美国的这些枪支法共同构成了美国枪支法体系,它们对减少美国枪支犯罪、保障社会稳定、维护公民人身、财产权利都起到了重要作用。 最后,笔者对中国有代表性的《枪支管理法》进行了研究,分析并指出了以《枪支管理法》主旨、结构、内容所存在的缺陷。然后笔者在对美国枪支管理法综合评价的基础上,取其精华,去其糟粕,试图将其中对中国有借鉴意义的内容运用到中国的枪支立法改进工作当中。
[Abstract]:The proliferation of guns has brought a lot of serious problems to American society. The crime rate and suicide rate in the United States have always been the highest in industrial countries. In order to deal with the problem of firearms, the United States has mainly taken the following measures: to implement the licensing system for the firearms manufacturing industry, to strictly regulate the gun manufacturers by means of irregular inspection and improvement of access standards; By strictly prohibiting the mailing of firearms, requiring the printing of the serial number of firearms on the guns and other means to regulate the transportation of firearms; stipulating the background check system, strictly restricting the scope of the armed persons; strengthening the control of the import of firearms and preventing the smuggling of foreign illegal firearms into the country; We will investigate and deal with factories that manufacture firearms and ammunition illegally in China and reduce the number of black guns; strengthen coordination and information sharing among various departments and strengthen gun management; and encourage gun associations to strengthen their activities such as gun knowledge training and gun industry supervision. Although the issue of firearms has not been fully addressed, the United States gun control law has achieved significant results. There are two basic methods to deal with the problem of firearms in the world, that is, the prohibition of firearms and the control of guns. The United States is a typical gun-control country. In order to strictly control firearms, the United States has a large number of gun control legislation. There are two levels of gun law in the United States: federal legislation and state legislation. Federal legislation, which is effective throughout the country, mainly sets out the most basic principles of gun control and issues that cannot be covered by a single state legislation, such as the transportation and sale of firearms across states or across borders. In federal legislation, the most important law involved in gun control is the United States Constitution, the second Amendment to the United States Constitution is the first and most authoritative regulation of the right to gun. Other important laws are the National Firearms Act of 1934, the Federal Firearms Act of 1938, the Firearms Control Act of 1968, the Brady Firearms Act of 1993, The violent Crime Control and Law Enforcement Act, 1994 and the domestic violence offenders Gun Prohibition Act, 1996, etc. In addition to federal gun legislation, states also have separate laws governing their own states, sometimes varying greatly from state to state. These gun laws form the American gun law system, and they play an important role in reducing gun crime, safeguarding social stability, safeguarding citizens' personal and property rights. Finally, the author makes a study on the representative gun management law in China, analyzes and points out the defects of the gist, structure and content of the firearms management law. Then on the basis of the comprehensive evaluation of the American gun control law, the author takes the essence of it and discards the dross, and tries to apply the content of reference to China to the improvement of China's gun legislation.
【学位授予单位】：湖南大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D971.2;D922.14
本文编号：2339071
[Abstract]:The proliferation of guns has brought a lot of serious problems to American society. The crime rate and suicide rate in the United States have always been the highest in industrial countries. In order to deal with the problem of firearms, the United States has mainly taken the following measures: to implement the licensing system for the firearms manufacturing industry, to strictly regulate the gun manufacturers by means of irregular inspection and improvement of access standards; By strictly prohibiting the mailing of firearms, requiring the printing of the serial number of firearms on the guns and other means to regulate the transportation of firearms; stipulating the background check system, strictly restricting the scope of the armed persons; strengthening the control of the import of firearms and preventing the smuggling of foreign illegal firearms into the country; We will investigate and deal with factories that manufacture firearms and ammunition illegally in China and reduce the number of black guns; strengthen coordination and information sharing among various departments and strengthen gun management; and encourage gun associations to strengthen their activities such as gun knowledge training and gun industry supervision. Although the issue of firearms has not been fully addressed, the United States gun control law has achieved significant results. There are two basic methods to deal with the problem of firearms in the world, that is, the prohibition of firearms and the control of guns. The United States is a typical gun-control country. In order to strictly control firearms, the United States has a large number of gun control legislation. There are two levels of gun law in the United States: federal legislation and state legislation. Federal legislation, which is effective throughout the country, mainly sets out the most basic principles of gun control and issues that cannot be covered by a single state legislation, such as the transportation and sale of firearms across states or across borders. In federal legislation, the most important law involved in gun control is the United States Constitution, the second Amendment to the United States Constitution is the first and most authoritative regulation of the right to gun. Other important laws are the National Firearms Act of 1934, the Federal Firearms Act of 1938, the Firearms Control Act of 1968, the Brady Firearms Act of 1993, The violent Crime Control and Law Enforcement Act, 1994 and the domestic violence offenders Gun Prohibition Act, 1996, etc. In addition to federal gun legislation, states also have separate laws governing their own states, sometimes varying greatly from state to state. These gun laws form the American gun law system, and they play an important role in reducing gun crime, safeguarding social stability, safeguarding citizens' personal and property rights. Finally, the author makes a study on the representative gun management law in China, analyzes and points out the defects of the gist, structure and content of the firearms management law. Then on the basis of the comprehensive evaluation of the American gun control law, the author takes the essence of it and discards the dross, and tries to apply the content of reference to China to the improvement of China's gun legislation.
【学位授予单位】：湖南大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D971.2;D922.14
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相关硕士学位论文 前3条
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