The Problems Of Smuggling Crimes’ Punishment

The main function of the criminal legislation is matching all sorts of crime withappropriate punishment to prevent and punish crime. As the task of the legislativestage, the impact of the punishment affected by many factors, including the degree ofharm to society in specific criminal acts, the specific historical and environmentalfactors, and the degree of punishment. As the crime of smuggling, the match with theappropriate punishment also needs to consider the configuration of the above penaltyinfluencing factors. The adjustment of the crime of smuggling in The Criminal LawAmendment VIII mainly concentrated in the punishment assignment. It is clear toknow the attitude of the legislative body to the crime of smuggling, as well as thereality of state of the crime of smuggling, which is very meaningful for an in-depthstudy on the crime of smuggling. This paper is divided to four parts to discuss thewhole problem.The legal punishment regulations of smuggling crimes had changed many timesand had formed a complete system. They are affected by the improvement of thesmuggling crime legislation.Smuggling criminal punishment configuration basically considers the effect of several factors: one is the social harmfulness of crime of smuggling, the second is thecrime of smuggling under different historical conditions change, and third is thescientific principle of the penalty set.The Criminal Law Amendment VIII made further modifications for smugglingcriminal punishment regulations and cut four crimes death penalty in the crime ofsmuggling, which reflects the light punishment trend. We should see that is verynecessary to cancel the smuggling of the death penalty set, because smuggling crimesare kinds of economic crimes. The cancellation of the relevant provisions of the deathpenalty of the crime of smuggling, whether from its harmful to society,or from thereduction of the general trend of limiting the death penalty, is worthy of recognition.Smuggling criminal punishment’s trend, I think, can be considered from twoaspects. The first is the further removal of smuggling crime death penalty setting.More freedom penalty and property penalty should be used to curb the smugglingcrime. The second is adding qualification punishment. Setting qualificationpunishment for the smuggling crime, especially for unit smuggling activities, means alot for curbing smuggling. The set of qualifications punishment of the crime ofsmuggling, of course, is built on the basis of the whole penalty system reform.Qualification punishment, as supplementary punishment, can be appliedindependently and attached to the application.. Qualification punishment in smugglingcrimes mainly means “to limit the ban or deprive of their business activities ".Thatis:(1) an order to suspend business for rectification. That is, in a certain period oftime, shall be ordered to stop its business activities.(2) The limitation or deprivationof business objects, area or activity area. Natural persons and units are not allowed totake one or some kinds of business activities in a short-term or lifelong time, or in acertain area.(3) Forcibly withdrawn, bankruptcy or reorganization Corporation(company).