On The Criminal Legislation On Crimes Of Smuggling

Smuggling is an old administrative crime. The criminal law has its retributive and utilitarian grounds to punish crimes of smuggling which infringe the administrative regulations of external trade and even endanger the public security of community and sovereignty, independence and dignity of a nation. Though the amounts of it will decline after China's entering into WTO, the old-style smuggling characteristic by evading and dodging payment of duty will last for a long time. No matter at present or in the future, study on crimes of smuggling deserves its proper attention in the circle of the criminal law.At present, there are some phenomena such as "No prescribed punishment for a crime" and "No prescribed crime for the punishable acts" which exist in the practice of justice. Some doubts and incomprehension in the course of investigating into the crime directly show the defects in the legislation on smuggling. Nevertheless, the past writings on smuggling aften annotate the criterion being short of fully criticizing the criminal legislation. As such it is necessary to rationally estimate and cognize the inherit defects in the criminal regulations of smuggling. According to the chief meaning of criminal monocracy which means that the criminal legislation should construct substantial logos and hold the formal logos ground, The rational estimate on the criminal legislation should based on the unification of substantial logos and formal logos. The disagreement in the value of criminal legislation and the defects in the definition, clearance and harmony in criminal law would be revealed through exploration on substantial logos and formal logos in legislation. It is necessary to face the defects in legislation, avoid the doubts in the practice of justice and put forward the method of rational legislation on smuggling.