Research On The Objective Elements Of The Crime Of Smuggling Ordinary Goods Or Articles

The Crime of Smuggling ordinary goods or articles is one of the important crimes which specified in the Section 2 of the Chapterâ…¢of Specific Provision in Criminal Law. We can often see this crime in judicial practices, which do much harm to our society. After newly revised Criminal Law in 1997 being carried out, theorists have done some research on the crime of smuggling ordinary goods or articles, but the specialized research on the objective elements of the Crime of Smuggling ordinary goods or articles is not enough. In order to research on the objective elements of the Crime of Smuggling ordinary goods or articles, we should know which and what its concrete contents are.The Crime of Smuggling ordinary goods or articles means that the action which violate the customhouse regulations, escapes the customhouse supervises, transport , smuggle the ordinary goods, and evades or dodges payable duties to the amount of be relatively large. According to this definition, the concrete content of this crime should include smuggling action, smuggling target and smuggling amount.The smuggling action includes directly smuggling action, follow-up smuggling action and definitely smuggling action. According to the regulation of the Penal Code, there are tow action which relate to the smuggling action, they are helping smuggling action and Shielding smuggling action used arms. The directly smuggling action can be divided into winding customs smuggling action and crossing customs smuggling action. The follow-up smuggling action means without permission of the Customs and without having paid the overdue payable duties, selling for profits within the territory of the People's Republic of China authorized imported bonded goods or specially designated for reduction of or exemption from duties. Definitely smuggling action is called indirectly smuggling action, it include trading Smuggling ordinary goods or articles and analogy smuggling action. The regulation of helping smuggling action is noting regulation. In order to definite the shielding smuggling action used arms, we should consider about various factors, such as personnel's quantity, weapon's quality and organization's level and so on. The action which shield the smuggling ordinary goods or articles should be definite as the Crime of Smuggling ordinary goods or articles, but it should be sentenced the penalty of the first and forth term of article 151 in the Penal Code. In the practice, we should differentiate the shielding smuggling action used arms and resisting seizing smugglers with violence, and makes different processing according to the different status.The smuggling target of the Crime of Smuggling ordinary goods or articles should include two kinds. The first kind is the goods or articles which the government allowed them to import or export with the tariff handed in. The second kind is the goods or articles which the government confine their importation or exportation, furthermore, importing or exporting these goods or articles should hand in the tariff as well. The smuggling target of the Crime of Smuggling ordinary goods or articles should not include the goods or articles which the government prohibit their importation or exportation.The Crime of Smuggling ordinary goods or articles,the smuggling amount is one of its objective elements. If the perpetrator smuggle the ordinary goods or articles using the method of directly smuggling action or definitely smuggling action, the smuggling amount should be definite as the amount of the payable duties; If the perpetrator smuggle the ordinary goods or articles using the method of the follow-up smuggling action, the smuggling amount should be definite as the amount of the government reduce or exempt tariff. The scope of smuggling amount is merely include tariff, but didn't include the tax which the customhouse take place of other department to levy. The amount is important to this crime, we must make its standard of count clear.