The Problems In The Legislation Of Smuggling And The Countermeasures

Smuggling have a serious impact on a country’s market economic order and socialstability, but also a destruction of the national customs supervision order.Many countriessuch acts defined as criminal.For example, in the United States,a federal crime ofsmuggling crimes specified in the"United States Code,"In Japan, smuggling provisionsin the "Customs Law".China is no exception.In the early Western Zhou period, therehave been relevant provisions of the smuggling, and continue to follow the variousdynasties.After the founding of New China, after several legislative changes, theprovisions of smuggling maturing.But in our current "Criminal Law" and the relevantprovisions in the legislation for the crime of smuggling, there are still someproblems.Found mainly in the legislative system, the complete extent of the law,criminal penalties units and indirect smuggling problem behavior aspects.On thelegislative system, mainly for the classification of the offense is not clear enough;In the"crime of smuggling" special section of the crime of smuggling offenses set individualstandards do not exist clear case.Complete the degree in law, part of the smugglingsentencing does not provide specific criteria, the standard price of precious enough tocomplete the identification of animal products, some judicial interpretation lags someprovisions have been abolished are still references.Penalties in the unit, mainly inpenalties and penalty unbalanced single species in two ways.In the penalty is notbalanced, the performance is in addition to smuggling ordinary goods, commoditiesoffenses, the penalty charge and other directly responsible personnel in other unitsdirectly responsible for the crime of smuggling and natural crime is the same, nodifference, but in the smuggling ordinary goods makes a distinction between sin.Interms of types of penalties, the performance of the unit itself, the punishment for thecrime type is single, only provides for criminal fines, penalties can not play a very goodeffect.In terms of indirect smuggling provisions, mainly in terms of the provisions of thecrime locations, confusion exists in the understanding, would adversely affect thejudicial practice.In this paper, the author analyzed from the aspects and put forwardcorresponding countermeasures and suggestions for each part of the problems.