Analysis About Zhe Illegal Income Of Customs Administrative Punishment

Illegal obtained is refers to violates all income abbreviation which legal, the laws and regulations stipulation obtains, holds the important position in the judicial practice. But as a result of legislative and fundamental research's flaw, causes in the law enforcement practice to the illegal obtained concept to know that unclear, the scope limits inaccurate as well as recognized imperfect and so on, to a certain extent has affected the related rights and interests, therefore has the necessity to discuss to the illegal obtained question, this article plans from the customs law enforcement practice related question to elaborate questions and so on illegal obtained related concept, with the aim of consummating the illegal obtained processing mechanism.This article is divided four parts.The first chapter Introduction. The brief introduction research illegal obtained practice significance, specially exists in the customs law enforcement practice some puzzled, draws out this article to write the goal.The second chapter Customs administrative sanctions illegal obtained elementary theory. Main research analysis illegal obtained concept and characteristic, as well as with related concept between contacting and difference.The third chapter Customs laws and regulations about illegal obtained present situation stipulation and existence problem analysis. The main elaboration illegal obtained legislation establishment, the illegal obtained scope as well as recognize the question. The fourth chapter Customs administrative sanctions illegal obtained scope limits. From the illegal obtained different viewpoint, elaborated the illegal obtained constitution scope to obtain illegal income, chapter Consummation customs administrative sanctions illegal obtained processing rule tentative plan. The Legislature must speed up the legislation or the judicial interpretation unceasingly, causes the administrative law enforcement to have legal support.Illegal obtained is important and the complex proposition, involves to many legal matters, fundamental research being short and the legal basis insufficiency, as well as the law enforcement practice's confusion causes us to pay attention to and take this question. Specially in the customs law enforcement practice, the most important task is clear about the illegal obtained concept in the legislation, to recognize the standard and the scope, as well as illegal obtained disposal procedure and so on, only then simultaneously constructs the illegal obtained processing mechanism from the entity and the procedure two aspects, achieves has legal support, has the law to depend on, can the better display customs' entering/leaving country country surveillance and the management function.