Smuggling Crime Deliberately Study

Smuggling is a kind of common economic crimes with high frequency. It attaches itself closely to the law of Customs, and carries obvious administrative characteristics. In dealing with such cases, to figure out whether suspects are criminals or not the key lies in affirming whether the persons having smuggling intents or not. Smuggling cases are complicated in themselves, which adds much more difficulty to affirm the intents of smuggling. What' s more, in judicatory practice, there are controversies in how to affirm the intent of smuggling, which increases the complexity of this problem. Nowadays, due to different criteria which are used to affirm the existence of intents in smuggling cases, even the same type of smuggling cases may have contradictory results. To some extent, that effects the construction of our socialist harmonious society. Taking the constitutive elements of the intent of smuggling crime into consideration, this thesis analyzes the problems about the understanding factors and the volitional factors of intentional smuggling, and the subjective contact and unilateral accomplice in smuggling complicity etc. in detail, which follows a logical way of analyzing, i.e. from objective aspects to subjective aspects. Besides, it also offers comparatively reasonable solutions to corresponding disputes, and analyzes the ways of affirming and proving the intent of smuggling. The thesis will provides some reference to the further judicatory practice.