On The Crime Of Smuggling

As is a kind of major crime, the crime of smuggling endangers theorder of socialistic market economy. In Criminal Law, smuggling isconstituted by 7 articles, 10 crimes in chapter 3, section 2.Smuggling dogreat harm to the society and the country. On one way, it cuts tax down,destroys the law system and obstructs the foreign trade. On the other way,it disturbs domestic markets, imperils home industries, and makes postshold down. Influenced by the status of the economy, new methods appearcontinually, though the crime of smuggling on a large scale has beenlessened. First, smuggling in individual is still very rampant and becomesmore professional and more scattered. Secondly, smuggling in the field ofprocessing trade stands out because of the quantity, value and tax of thesmuggled product. Third, it is common to keep back the price of theproduct to deceive the Custom. Therefore we must make the condition ofsmuggle in control unceasingly. However, there is still some disadvantagein the thought, system and mechanism. For example, similar case can'tget similar treatment, whether in conviction or sentence. The judgment isnot justness because of blurry verdict in liability. So we must strengthenthe research of the theory of the crime of smuggling. This paper composed by 40,000 words can be divided into 3chapters. The first chapter presents the history of the crime of smugglingfrom the foundation of the Republic of China, then the author analyze thereason why the legislation changed in this way. In a word, the legislationchanged from zero to existence and from a law affiliated to theadministrative law to self-governed criminal law. That's to say, thelegislation is becoming more and more perfect. In 1997, The newCriminal Law edited. It concentrated other statutes about the crime ofscientific system of the crime of smuggling came into being. In the paper,the history of legislation on crime of smuggling is divided into 4 phases.The first phase is from 1949-1979 and the second phase is from1979-1988, indicated by the Criminal Law constituted in 1979. The thirdphase is from 1988-1997, indicated by the Supplementary Regulation onCrime of Smuggling. The last phase is from 1997 to present, indicated bythe Criminal Law edited in 1997. After analyzing the history oflegislation, nature of smuggling and crime of smuggling, the conclusionis drawn that the change of legislation on crime of smuggling is relatedwith 4 elements: theory, policy on crime, economy and attitude ofcommon person. The chapter 2 is an emphasis in the paper. In this chapter, the authoranalyzes the constitution of crimes . The crime of smuggling is aaggregate composed by 10 crimes, so the constitution of crimes of theaggregate is analyzed only. This methods can help realize its naturecorrectly and avoid influence by the nature of a single crime. For there iscommon opinion on the subject and subject element of crime ofsmuggling, they are not mentioned. That's to say, object and objectelement are emphases in this chapter. To analyze the object, theharmfulness of smuggling is mentioned. Smuggling is a kind of specialmethod of trade, which evades the Custom in order to make tariff intoprofit. However, tariff has two functions, being revenue and protectingdomestic industry. So the harmfulness of the crime of smuggling isreflected in two ways, lacking of tariff and impinge domestic industry.Though tariff becomes more and more unimportant in modern society,protection is still important in any time to a nation. That's to say, nationwill strike the crime of smuggling in criminal law forever. Then the papermentions object. Though a lot of study agree that the object of crime ofsmuggling is the supervising on foreign trade, it isn't disagreed in thepaper and the order of Customs supervising is right. About criminal target,all targets of 10 crimes are analyzed . At the last, the object element of thecrime of smuggling especially the act of smuggling is analyzed. The actof smuggling can be divided into two kinds: normal smuggling andqui-smuggling. There are four qui-smu...