Research On The Objective Element Of Smuggling

After China took part in WTO, the development of economic and the Globalization process are running fast. This leads to smuggling increasing severely. There is variety of researches on this issue in academic community. This paper is based on the objective elements of the crime of smuggling, analyzes the behavior of the crime of smuggling, and the amount of the object of conduct requirements.There are three parts of this paper, the preface, the main text and conclusion.The preface of this paper mainly introduces the origin, the value of writing this paper and points out several characteristics indicated in contemporary society of smuggling, which are smuggling common goods and articles should be given primary importance among priorities; Some commodity which has bigger difference price between domestic and foreign will become the key of smuggling; the smuggle of specific tax cuts and duty-free goods also shows a rising trend; Intelligent, collectivize will be a new trend.There are four parts in the main text, which are overview; the behaviors of smuggling; the behavior objects of smuggling and the amount required of smuggling.In chapter one, we mainly introduce the concept and objective elements of smuggling. The concept of smuggling is the starting point of all problems; we need to define smuggling especially before we begin to study the objective elements of smuggling. Because the structure of the objective elements of smuggling need derived from the concept of smuggling. In this chapter, we first introduced the several concept about smuggling, then analyses the characteristics of smuggling, which are illegality, destructiveness and make a profit. At last, it points out that we should combine three aspects of characteristics to define smuggling. It is that smuggling is a behavior that violating the customs law and other related laws, evade customs supervision, transport the limited goods enter or leave the country, so that they can earn big profits, and undermining the country's customs supervision order. We also introduce a problem in this chapter that is the structure of smuggling objective elements. According to our concept of smuggling and criminal law theory, we can have the conclusion that, the objective elements of smuggling should including the behavior, the objects of behavior, and the amount which is required of smuggling.In chapter two, we introduce the objects of behavior in smuggling. In this chapter, we introduce the object of behavior form two ways. One is administrative law, the other is criminal law. Smuggling is called legal crime, so the definition of behavior object of smuggling can not deviate from the Administrative law. For that purpose, we introduce the administrative provisions on the smuggling behavior object firstly. In this case the administrative law is mainly means to customs law and other correlative laws. In the administrative law, it divide goods into three categories, which are goods that is prohibited to import and export; goods that is limited to import and export and normal goods. These three kinds of goods can be known as the behavior objects of the smuggling. It would be considered as smuggling when import or export the first kind of goods. It would be considered as smuggling when import or export the second kind of goods if there is no permission; and to the third kind of goods, you need to pay off the tax before the import or export, if not, the smuggling crime is confirmed. The criminal law confirm the following to be the behavior object of smuggling in the basis of administrative law. Thereby, smuggling these items breaks the criminal law. These items are:weapons, ammunition, nuclear material, counterfeit currency, rare animals and their products, rare plants and their products, precious metals, cultural relic, obscenity, waste, drugs and the other ordinary goods. According to criminal law, the behavior objects of smuggling sets the different corresponding charges, such as the crime of smuggling weapons, and ammunition, the crime of smuggling nuclear materials, the crime of smuggling counterfeit currency, the crime of smuggling precious animal and its products, the crime of smuggling rare plants and its products, the crime of smuggling precious metals products, the crime of smuggling cultural relics, the crime of smuggling waste, the crime of smuggling drugs, the crime of smuggling common goods.The main content in the third chapter is the behavior of smuggling. There are three parts of smuggling behavior, which are general smuggling, quasi smuggling and associated with the behavior of smuggling. The general smuggling is conventional smuggling behavior. It contains the customs clearance smuggling and the round off smuggling. The customs clearance smuggling is a behavior that the actor go through the site of customs directly, but adopting all kinds of tricks to avoid the inspect of the customs to import or export the goods which are limited or prohibited to import and export by one nation, and the goods which taxes should be paid. In practice field, they has taken some methods which can be basically divided into following categories: camouflage; hiding; camouflage report; conceal report. The round off smuggling is a behavior that the actors import or export the goods which are limited or prohibited in a country where customs is not set up. The quasi smuggling contains smuggling during the trade and the purchase smuggle and oversea smuggle. The first is the actor gets the huge benefit from selling the duty-free goods which can be only sold overseas. This kind of smuggle is called follow-up smuggle. Indirect smuggling is to buy smuggling items which are not permit to import by nation, or to buy a huge number of smuggling items form smuggling people. Smuggling on the sea is transporting, selling or buying smuggle items which are forbidden in the country on the sea.It also can be called presumed smuggling.The fourth chapter is about the quantity of smuggling that is needed to convict criminals. There are two parts of this chapter, one is the amount of defining of smuggling, the other is the calculation of the amount of smuggling. In the part of the amount of defining of smuggling, we have introduced the regulation in criminal law of the amount of smuggling and make a simple analysis. In the part of the calculation of the amount of smuggling, we introduce the base of calculation of the amount of smuggling, the calculation of improvement trade, and the calculation of amount of which is more than once smuggling but untreated smuggling.In the last chapter, we point out the value and shortcomings of writing this article. And I think that the research on the objective elements of the crime of smuggling is good to making criminal policy. However, facing an increasingly grim situation, we need to take more effective measures. I hope to do a in-depth study in the future.