On The Crime Of Smuggling Ordinary Goods, The Goods

This article attempts to give a correct understanding of the crimes of smuggling goods and articles, through analyzing and discussing the crime constitution, assertion and application of the penalty of the crime regarded to.In the first chapter, the author gives a general description of the crime of smuggling goods and articles and introduces the legislative evolution, features and definitions of the crime. The author raises a more comprehensive and rational definition, after introducing and analyzing three understanding in the theory circle at present to the definition of this crime.In the second chapter, the author analyzes the composition condition of the crime of smuggling goods and articles, and believes that the object of this crime should include other goods and articles limited the import and export besides the ones specified in the article 151, 152, and 347 of the criminal law. The standard to differ goods from articles should be whether they go through the freight transportation pass-way, and the subjective purpose of the crime should only be the direct intention, the content of "knowing perfectly well" in which should also include "should know" . At the same time, the author puts forward a new view on how to apply the general intention of this crime correctly.In the third chapter, the author analyzes relevant problems to the crime of smuggling goods and articles. Through analyzing the differences between shielding smuggling with arms and resisting the seizure of smuggling by means of violence, the author raises own views on how to assert the act shielded smuggling and the application of the law. Moreover, the author proposes the suggestion to perfect the prevailing legal regulation and analyzes the crime counting of this crime.In the fourth chapter, the author analyzes the penalty application of the crime of smuggling goods and articles. To the author' s opinion, the penaltyto this crime committed by unit is too light, while the starting point up to the crime is too high. The starting point up to the crime is different between individual crime and unit crime, which don' t consist with the original purpose of the legislature. Furthermore, the author analyzes the penalty application of this crime committed by unit under the prevailing regulation of criminal law.