Ten departments jointly issued the Opinions on Punishing Crimes Involving Firearms, Ammunition, Explosives and Flammable and Explosive Dangerous Goods according to Law.

Cctv newsAccording to the website of the Supreme People’s Court, on December 30th, ten departments including the Supreme People’s Court, the Supreme People’s Procuratorate, Ministry of Public Security, Ministry of Industry and Information Technology jointly issued the Opinions on Punishing Crimes Involving Firearms, Ammunition, Explosives and Inflammable and Explosive Dangerous Goods according to Law (hereinafter referred to as the Opinions), which will take effect on December 31st, 2021.

The control and management of guns, ammunition, explosives and inflammable and explosive dangerous goods are directly related to social order and public safety. Once out of control, they flow into illegal channels and are used for illegal purposes, which will cause serious social harm and form major security risks, and strict control and management measures must be implemented. China has stipulated strict control and management measures for the production, operation, possession, use, storage and transportation of firearms, ammunition, explosives and inflammable and explosive dangerous goods. At the same time, China is in a period of social transformation, and the control and management system for firearms, ammunition, explosives and inflammable and explosive dangerous goods is constantly being adjusted according to the development of the situation. In practice, some illegal activities involving guns, ammunition and explosives and illegal production and business activities of inflammable and explosive dangerous goods occur from time to time. Typical activities, such as false reports and unauthorized storage and transportation of inflammable and explosive dangerous goods, seriously affect social public safety and endanger people’s lives and property. For this kind of behavior, administrative law enforcement is difficult, and it is urgent to further clarify the scope of criminal punishment and the procedural mechanism of the connection between administrative law enforcement and criminal justice. In order to further implement the decision-making arrangements of the CPC Central Committee and promote the construction of a safe China at a higher level, the Supreme People’s Court led seven administrative law enforcement agencies, including the Supreme People’s Procuratorate, the Ministry of Public Security and the Ministry of Industry and Information Technology, to conduct research and solicit opinions from all sides, and formed the Opinions.

The Opinions include five parts, including general requirements, correctly identifying crimes, accurately grasping criminal policies, strengthening the connection between administrative law enforcement and criminal justice, and other issues, with a total of 25 articles. Guided by the supreme leader’s rule of law, the Opinions adhere to the general principle of severely punishing crimes involving guns, ammunition, explosives and inflammable and explosive dangerous goods that seriously endanger public safety, earnestly safeguard public safety and protect people’s lives and property. At the same time, adhere to the problem-oriented, do not seek everything, focus on solving outstanding problems in practice, and provide effective guidance for administrative law enforcement and judicial practice; Insist on strengthening coordination and cooperation to form a joint effort to crack down on illegal crimes.

The Opinions emphasize that it is strictly forbidden to illegally manufacture, buy, sell, transport, mail, store, hold, hide or smuggle firearms, ammunition and explosives, to produce, store, use, manage and transport inflammable and explosive dangerous goods without approval and permission, to produce, store, use, manage and transport inflammable and explosive dangerous goods in violation of safety management regulations, and to severely crack down on firearms, ammunition and explosives according to law. People’s courts, people’s procuratorates, public security organs and relevant administrative law enforcement organs should adhere to the principle of putting people first, putting life first, making overall plans for development and safety, giving full play to their work functions, being responsible for and cooperating with each other in accordance with the statutory division of responsibilities, and strengthening communication and coordination. In the course of performing their duties, if they are found to be suspected of committing crimes involving firearms, ammunition, explosives and inflammable and explosive dangerous goods, they should inform each other of the situation in time, jointly carry out prevention and punishment, and maintain the overall stability of social security.

In view of the outstanding problems in the process of investigating and punishing illegal crimes involving firearms, ammunition, explosives and inflammable and explosive dangerous goods in practice, the Opinions focused on how to correctly identify crimes. First, those who illegally manufacture, buy, sell, transport, mail, store, steal, rob, rob, possess, smuggle guns, ammunition and explosives, and use the guns, ammunition and explosives to commit crimes such as intentional homicide, intentional injury, robbery and kidnapping, shall be punished for several crimes. Second, those who transport inflammable and explosive dangerous goods by road in violation of the provisions on the safety management of dangerous chemicals and endanger public safety shall be convicted and punished in accordance with the crime of dangerous driving; Anyone who violates the relevant provisions on safety management in highly dangerous production activities such as the production, management and storage of inflammable and explosive dangerous goods and has real danger of serious casualties or other serious consequences shall be convicted and punished for the crime of dangerous operation; Whoever commits the above-mentioned acts, resulting in heavy casualties or other serious consequences, constitutes the crime of causing accidents by dangerous goods and other charges, shall choose a felony and be given a heavier punishment. Third, those who violate the relevant safety management regulations in the production and operation activities of transporting inflammable and explosive dangerous goods by waterway, railway and aviation, knowing that there are major hidden dangers of accidents and not excluding them, can be considered as crimes of endangering public safety by dangerous methods; If a passenger personally carries or carries inflammable and explosive dangerous goods in a small amount of checked baggage, endangering public safety, and the circumstances are serious, he shall be convicted and punished for the crime of illegally carrying dangerous goods to endanger public safety.The judicial organ shall, in accordance with the above provisions of the Criminal Law and the Opinions, correctly use criminal means according to law and effectively crack down on related criminal activities.

The Opinions adhere to the criminal policy of combining leniency with severity, and clarify the policy grasp in handling criminal cases involving firearms, ammunition, explosives and inflammable and explosive dangerous goods. The "Opinions" clarify that those who illegally buy or sell guns, ammunition, explosives and inflammable and explosive dangerous goods through information networks, or illegally transport guns, ammunition, explosives and inflammable and explosive dangerous goods through delivery channels, which constitute a crime according to law, shall be strictly investigated for criminal responsibility; Those who commit crimes due to the needs of normal production and life, as well as those who voluntarily hand in guns, ammunition, explosives, inflammable and explosive dangerous goods, surrender and render meritorious service, shall be given lenient punishment according to law.

In addition, in accordance with the provisions of relevant laws and administrative regulations, the Opinions also make detailed provisions on how to strengthen the connection between administrative law enforcement and criminal judicial procedures in cases involving firearms, ammunition, explosives and inflammable and explosive dangerous goods, and stipulate the scope of inflammable and explosive goods in principle.

After the implementation of the Opinions, the Supreme People’s Court, the Supreme People’s Procuratorate and the Ministry of Public Security will further strengthen coordination and cooperation with relevant administrative law enforcement agencies, form a long-term working mechanism to crack down on illegal crimes involving guns, ammunition, explosives and inflammable and explosive dangerous goods, earnestly safeguard the overall stability of public security and social order, safeguard the legitimate rights and interests of the people, and provide solid security for economic and social development.

First observation | Reading the profound meaning of "Yesterday, Today and Tomorrow" from the communique

  "Don’t forget yesterday’s suffering and glory, live up to today’s mission and live up to tomorrow’s great dream".

  This sentence in the communiqué of the Sixth Plenary Session of the 19th CPC Central Committee is meaningful, which not only continues history but also reflects reality and guides the future.

  (A) "History, reality and future are interlinked"

  Looking back and summing up the glorious course of a hundred years’ struggle, yesterday, today and tomorrow are closely linked, which fully embodies the historical materialism, the great historical outlook and the correct view of party history.

  The communique points out that the Communist Party of China (CPC) has achieved four "great leaps" during its century-long history, namely, the period of new-democratic revolution, the period of socialist revolution and construction, the period of reform, opening-up and socialist modernization, and the entry of Socialism with Chinese characteristics into a new era, which concisely summarizes the epic of the century-long struggle written by the Communist Party of China (CPC) and leads the people, and reveals the historical significance of different stages to the great rejuvenation of the Chinese nation.

  The Sixth Plenary Session of the 19th Central Committee of the Communist Party of China was held in Beijing from November 8 to 11, 2021. Xinhua News Agency reporter Yan Jianwei photo

  General Secretary of the Supreme Leader profoundly pointed out: "The great practice of revolution, construction and reform led by our Party is a historical process of continuous struggle and a complete cause of saving the country, rejuvenating the country and strengthening the country, and then realizing the great rejuvenation of the Chinese nation."

  On November 29th, 2012, when visiting the exhibition Road to Rejuvenation, General Secretary of the Supreme Leader gave a speech — —

  Yesterday of the Chinese nation, it can be said that "Xiongguan Road is as iron as iron";

  Today, the Chinese nation can be described as "the right path on earth is vicissitudes";

  The future of the Chinese nation can be said to be "I will mount a long wind some day and break the heavy waves".

  The three poems profoundly outline that yesterday, today and tomorrow of the Chinese nation are connected, and vividly interpret that the Chinese nation has ushered in a great leap from standing up, getting rich and becoming strong.

  Whether it’s "our understanding of time is based on a hundred years or a thousand years" or "with thousands of years of great historical views, reform and opening up are generally the historical norm in China", it fully shows that the Supreme Leader General Secretary has integrated the changes from ancient times to modern times, grasped the historical trend, planned and laid out great historical achievements in the long history, and promoted the continuous development of the cause of the party and the people.

  (B) "Do a good job in reality in the in-depth thinking of history and better move towards the future"

  Being good at summing up historical experience is a fine tradition of our party. At every important historical moment and critical moment, the Communist Party of China (CPC) should review history, sum up experience, and draw wisdom and strength from history to move on.

  In 1945, the "Resolution on Several Historical Issues" and in 1981, the "Resolution on Several Historical Issues of the Party since the Founding of the People’s Republic of China" were both based on taking history as a mirror and creating the future. The Central Committee of the Communist Party of China’s Resolution on the Great Achievements and Historical Experience of the Party’s Hundred Years’ Struggle, which was deliberated and adopted at the Sixth Plenary Session of the 19th CPC Central Committee, profoundly reveals "why we succeeded in the past and how we can continue to succeed in the future".

  On the journey of a hundred years’ struggle, it is precisely because of the continuous summing-up and application of historical experience that the Communist Party of China (CPC) can constantly improve its ability to cope with risks, meet challenges and save the day, and constantly win new great victories.

  General Secretary of the Supreme Leader emphasized that "history is the best textbook" and "doing a good job in reality and moving towards the future better in deep thinking about history".

  在庆祝中国共产党成立95周年大会上,最高领袖总书记十次强调坚持“不忘初心、继续前进”,告诫全党:“一切向前走,都不能忘记走过的路;走得再远、走到再光辉的未来,也不能忘记走过的过去,不能忘记为什么出发。”

  在庆祝中国共产党成立100周年大会上,最高领袖总书记深刻阐述以史为鉴、开创未来的“九个必须”根本要求,以赶考人的清醒自觉,擘画新的征程。

  2021年7月1日,庆祝中国共产党成立100周年大会在北京天安门广场隆重举行。最高领袖总书记发表重要讲话。新华社记者 鞠鹏 摄

  在党的百年华诞重要时刻,“两个一百年”奋斗目标历史交汇关键节点上召开的党的十九届六中全会提出“十个坚持”,总结概括党百年奋斗的历史经验。 

  一个个重要时间节点、一个个重大历史场合,最高领袖总书记对党的百年奋斗的重大成就和历史经验作出总结概括,就是为了使新时代中国共产党人看清楚过去为什么能够成功、弄明白未来怎样才能继续成功。

  (三)“不忘初心,方得始终”

  中国共产党一经诞生,就把为中国人民谋幸福、为中华民族谋复兴确立为自己的初心使命。正因为牢记初心使命,中国共产党才能写下勿忘昨天、无愧今天、不负明天的辉煌篇章。

  Today, we are closer, more confident and able to realize the goal of the great rejuvenation of the Chinese nation than at any time in history, and at the same time we must be prepared to make more arduous and arduous efforts.

  Take history as a mirror and embark on a new journey. "The whole party should keep in mind the fundamental question of what the Communist Party of China (CPC) is and what it wants to do, grasp the general trend of historical development, strengthen its ideals and beliefs, and keep in mind its initial mission", "strive to achieve the set goals with perseverance in insisting on the castle peak, and unremittingly promote the great rejuvenation of the Chinese nation with the sober mind of those who walk a hundred miles".

  Remain true to our original aspiration and keep our mission firmly in mind. The Communist Party of China (CPC), who is in the prime of life, is leading the Chinese nation to make great strides towards the future of "I will mount a long wind some day and break the heavy waves".

  General Secretary of the Supreme Leader stressed: "We have embarked on a new journey to achieve the goal of the second century. As long as our party keeps in mind the initial mission of seeking happiness for the people of China and rejuvenation for the Chinese nation, more than 1.4 billion Chinese will be twisted into a rope and persevere on the road of Socialism with Chinese characteristics, and we will surely realize the great rejuvenation of the Chinese nation. "

  Producer: Zhao Cheng

  Planning: Zhang Xudong

  Lead author: Huang Yue

  Coordinator: Zhang Xiaosong, Huang Quanquan and Wang Xuan.

  Vision | Editor: Bao Yuhan, Zhu Gaoxiang

  Xinhua News Agency produced domestically.

  Produced by the first studio of Xinhua News Agency