Study On The Judicial Application Of The Crime Of Smuggling Common Goods

The crime of smuggling common goods is a new accusation that has been set up by the revised criminal law in 1997.People both in theory world and judicial world debate continuously about a serious problems of this charge. Although judicial interpretations do give certain answers to some questions, they haven't succeeded in getting rid of all the blocks. The author, with rich experience and basic theories of criminal law, wants to meet these needs through writing this article.Four main parts are included in this article. More details are as follows.To begin with, how to determine this charge's mens s concerned.Available principles that are created by the highest count and other organs of our country, but shortcomings are obvious. The author makes some advices by analyzing some questions, such as what is the meaning should recognize in the subject factor of this charge.Since theory world gives little focus on the object factor of this crime, the author pays more attentions on it. With a few cases, he raises his own attitudes on the problems of attempted and accomplished of this crime as well as other problems.Next, common crime is the hottest debate in the practice, so in this part, the author divides this problem into three parts. Through making new interpretations to the article 156,he wishes to benefit the judicial world.Last but not the lest, punishment of this charge should be mentioned. The author chooses three issues to analyze. Also, he has no hesitate to add his own advice to it. Those issues include how to determine give-up of corporate crime, ascertain where the responsibility of group smuggle lies and compare the criterion of corporate and human who commit this crime.