How to judge and punish the illegal storage of more than 1000 kilograms of explosives according to law? (Note: the explosives are from legal sources)

In the current judicial practice, public security organs usually file a case for investigation of illegal possession of explosives by citizens on suspicion of illegal storage of explosives. However, according to Article 8 of the Interpretation of Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Illegal Manufacturing, Trading and Transportation of Firearms, Ammunition and Explosives (hereinafter referred to as the Interpretation) published by the Supreme People's Court on May 5, 2000/KLOC-0, the term "illegal storage" as stipulated in the first paragraph of Article 125 of the Criminal Law means knowing that it is illegally manufactured, traded and transported by others. It can be seen that in the Criminal Law, The second paragraph of Article 8 of the Interpretation stipulates that "illegal possession" as stipulated in the first paragraph of Article 128 of the Criminal Law refers to the act of unauthorized possession of guns and ammunition by persons who do not meet the conditions for equipping and configuring guns and ammunition, in violation of the provisions of laws and regulations on gun control. In this sense, the behavior characteristics of illegal possession of explosives by citizens are more similar to the crimes of illegal possession, possession of guns and ammunition.

There is no doubt that explosives are more lethal than guns and ammunition. Once it falls into the hands of criminals who are extremely hostile to society, the consequences are unimaginable. At present, China is in the period of social transformation, various social contradictions are prominent, a large number of unstable factors exist, vicious violent crimes are increasing day by day, and explosion crimes also occur from time to time, and the consequences are often extremely serious. For example, in 200 1 Jin Ruchao, Shijiazhuang, illegally purchased explosives were used to commit an explosion crime, resulting in the death of more than 0/00 innocent people in/kloc-0. Besides, compared with guns and ammunition, the production, use and management of explosives are more difficult to control. First, the manufacture of explosives is relatively easy; Second, because mines, tunnels and other production and construction need to use a large number of explosives, it is difficult to control explosives. Therefore, it is necessary to strengthen the control and supervision of explosives, and control the use and flow of explosives from all aspects.

Regrettably, at present, the criminal law only stipulates as crimes the illegal manufacture, sale, transportation, mailing, storage, theft, and robbing of guns, ammunition, and explosives, and the illegal carrying of guns, ammunition, and explosives into public places or public transport, which endangers public safety and has serious circumstances, but does not stipulate the illegal possession of explosives as a crime, resulting in some crimes. In view of this, the author suggests that the relevant provisions of the Criminal Law should be amended in time to make illegal possession of explosives a crime, and it is strictly forbidden for individuals or units to illegally possess explosives, so as to prevent explosives from flowing to society and falling into the hands of criminals, thus creating appalling criminal incidents.

(Author: Chang 'an District Procuratorate, Shijiazhuang City, Hebei Province)