Research On The Regulation Of Criminal Law Against The Crime Of Commercial Deceit Smuggling

The smuggling crime is a hot topic of theories research in our country in recent years, and the books about smuggling crime is numerous, the results are rather plentiful. However smuggling crime is a kind of crime that extend to wider range. Studying from the angle of the whole smuggling crime will make it difficult to do a deeper research. For this, the writer intended to focus on and make a profound study on the new crime commitment: commercial deceit smuggling, which is not stated in the Criminal Law, but widely exists in our society. The standpoint of the writer is that the social changes make our indeterminate expectation, and the social changes bring us a great deal of law issues. The crime of commercial deceit smuggling comes out from the smuggling crime, and it is made to be the helpful part of the smuggling crime. From the basic standpoint of law, the law is the person's behavior norm, and it is used to regulate the action. The development of the society requires the strictness of the regulation, and the criminal law encourages the people to pursue the justice and rights. In this sense, the development is eternal topic of the law. Hegel said, philosophical thoughts that couldn't form a system won't be scientific, it is a accident in the aspect of content with the exception of the subject aspect; the content has reasons to exist, however there is no reasonable premise but a preformed subject opinion. Therefore in order to avoid forming a preformed subject opinion, the author endeavored to set up a system. There are two parts in this thesis. Part one is mainly about the basic question of the crime of commercial deceit smuggling. The author study on the process of the change and development of the crime of commercial deceit smuggling in our country , especially after the entry of WTO. With reference of the foreign criminal legislation, the author indicated that the crime of commercial deceit smuggling should be treated as a independent charge, and in this way to full fill the requirement of punishing the crime. The thesis begins with the questions of the theoretic and practical source, and defines the concept and classification of commercial deceit smuggling. The author pointed out the differences among the crime of commercial deceit smuggling and other charges. This part also refers to the characteristics of the crime of commercial deceit smuggling and the construction of the crime of commercial deceit smuggling. The author discusses in Part two on the basic questions of commercial deceit smuggling in terms of its main features, consequence features, joint commitment patterns, ceasing patterns and multiple commitment. As for multiple commitment, the author studies various crime commitment of commercial deceit smuggling. At the same time the author carried on the study of the unite study in the crime of commercial deceit smuggling, and put forward his own views of the corpus features, fault features, objective aspect ,faults affirm, punishment of the crime. The author puts forward legislation suggestions in view of the defects of anti-smuggling law. Based on actual investigation, the author holds the view that the defects in present Criminal Law hinder the effective punishment on commercial deceit smuggling, and some smuggling crimes that seriously hurt national customs supervision system are not concluded in the scope of criminal sanctions. But the complicated structure and the changeable appearance are the two features of the crime of commercial deceit smuggling. This is decided by the complexity of the economy relations and the regulations. In our society, with the process of the fully implemented reform and the marketing, we need to provide new criminal regulations to regulate the illegal economic actions. Criminal Law should control smuggling by clear regulations. Formally establish the charge of commercial deceit smuggling as an independent case and make related measurement of penalty according to the seriousness and sum of money involved in the case. The deliberate price transferring of transnational corporations and the deliberate deceit of royalty declaration, and the behaviour of im-exportation under fake declaration of intellectual property rights should be concluded in the penalty in Criminal Law.