丢失枪支不报罪的立法缺陷与完善

对丢失枪支不报罪立法设计上的缺陷及其完善问题,从罪状、法定刑与法理三个层面上作了一定程度的探讨,建 议将该条修改为:依法配备、配置枪支的人员,在枪支丢失、被盗、被抢或者被骗后不及时报告的,处三年以下有期 徒刑或者拘役;造成严重后果的,处三年以上七年以下有期徒刑。

Legislative Drawback and Perfection on the Crime of Losing Firearm and no Report

The essay has inquired into the drawback of legislation and the question of perfection on the crime of losing firearm and no report from facts about a crime,legal penalty and theory of law,and think that the article in laws and regulations should be revised as: the person legally equipped with firearm who dose not report the police bureau immediately when he discovered the fact that his firearm was stolen , was lost , was cheated away or was robbed by criminal should be punished no more than three years imprisonment or criminal detention;epunished three to seven years imprisonment if there is more severe result.