Study On Crime Of Smuggling Common Goods Or Articles

The crime of smuggling is an ancient criminal charge, the punishment to the behavior of smuggling common goods or articles is also a thou to there has been it. The provision between each on behalf in china and international community is incompletely same alike. The research and the contrast of the legislation of crime of smuggling common goods or articles in china and in abroad is very important to understand the development of crime of smuggling common goods or articles. In the first paragraph of chapter 1, I introduce the legislation and analyze the characteristics of crime of smuggling common goods or articles in china and in abroad. In the second paragraph of chapter 1, I clarify and generalize the concept, the characteristic and the ownership of crime of smuggling common goods or articles. I point out the unilateral place in the former standpoint to the concept of crime of smuggling common goods or articles. I definite completely the concept of crime of smuggling of common goods or articles combining the provision in the penal code revision bill Seven.Studying the single crime can not get away from the constituent elements. I study the constituent elements of crime of smuggling common goods or articles in the chapter 2.From the beginning of the theory of violating legal interests; I point the localization of using the theory of violating the society relation to analyze the object of crime of smuggling common goods or articles. Relating to the function of tariff, I think the object of crime of smuggling common goods or articles is the power to make use of the tariff to regulate the national economy. I analyze the main objective of crime of smuggling common goods or articles which is on the disputed. On the objective elements of crime of smuggling common goods or articles, I introduce the action type according to some true case. I do not study comprehensively on the body of crime of smuggling of common goods or articles, but put the point at the disputed unit such as National organization, one person company, partnership business enterprise. In the practice it is disputed to smuggling of common goods or articles indirect intentionally. I point out my own standpoint. At last, I make a comparison among the cognition to the illegality, mistake cognition, general intention and the subjective purpose.In the chapter 3,I discuss the problems about establishment of crime of smuggling common goods or articles and distinction between crime of smuggling common goods or articles and some similar crimes. I distinct the behavior of smuggling which is breaking the law, violating the rules or criminal offence. And then, I study the problems about establishment of crime of smuggling common goods or articles according to the quantity of evasion-customs, criminal purpose, and criminal details. I think the behavior of covering the crime of smuggling common goods or articles with arms is one crime, but not two crimes. While, the behavior of smuggling some kinds of goods and articless is some crimes, but not one crime. To the distinction between crime of smuggling common goods or articles and the similar crimes, I discuss the crime of smuggling common goods or articles, the crime of indulgencing smuggling and the crime of bribe.I study the incomplete patterns of crime of smuggling of common goods or articles in the chapter 4. In the practice and the theory realm, it is in the dispute that the crime of smuggling common goods or articles has incomplete patterns or not. I think that the crime of smuggling common goods or articles has the incomplete patterns, because it is the crime including quantity, and it is the crime which reflects a process. The scholar study mainly the smuggling cross the custom, and distinct the standard of the incomplete patterns generally. I think that the different kind of the smuggling way has the different standard of incomplete patterns. The way of the crime of smuggling common goods or articles is smuggling cross the custom, smuggling round the custom, smuggling after crossing the custom and smuggling indirectly, so I claim the standard of declaring, the standard of reaching the national territorial line, the standard of transporting or applying cancellation, the standard of respective theory. At the same time, I claim the standard of approving pass, the standard of stepping over the national territorial line, the standard of condign, the standard of respective theory as the standard to affirm the complete patterns of the crime of smuggling common goods or articles.I research on the joint crime of smuggling common goods or articles in the chapter 5. I query the point to punishment is different to the natural body and the unit body who behave smuggling. To the joint criminal intent of crime of smuggling common goods or articles, I emphasize the problems of collusion and the criminal intent. It is the main point the judgment and solution to the special joint crime. I analyze the theoretic foundation and the difficult problems to punish the person who sending the message for the criminal, the person smuggle on the sea, the deputy who smuggles and the person who engages in the business of custom notes. I suggest punish the person who sending the message for the criminal as the crime of hiding the offense, punish the person smuggle on the sea by extending the scope of subjective. We should judge the indirect intent of the deputy who smuggle on the base of the fact. We can punish the person who engages in the business of custom notes as the crime of saling the official document.There are many problems on the criminal obligation of crime of smuggling common goods or articles. I discuss the shortcoming to punish the criminal on the base of the quantity of evasion-customs. Then I point out that we should punish the criminal on the base of the criminal details. To the unreasonable legislation of the penalty category, penalty range, the most serious penalty to the crime of smuggling common goods or articles, I point out the suggestion to improvement. I definite the meaning of "smuggle many times but not solved" in the legislation. I think we should punish the person whose behavior has been solved administratively twice but he smuggles again. It is imperfect to the solutions to the properties involving the case in the legislation. I think we should not confiscate the properties involving the case of smuggling simply, on the contrary, we should judge the range and the quantity of the confiscated properties on the criminal details and the quantity of evasion-customs.