An Empirical Research On The Controversial Issues Of Enforcement Of Anti-smuggling Law

The Legislation on anti-smuggling has been revised for many times in theprevious decades. Although it makes a great advancement, there are still manyproblems on its concepts and issues. This thesis tries to make some points clear andfind the feasible ways to overcome the problems.The first chapter focuses on the jurisdiction of smuggling. After theestablishment of the customs’ anti-smuggling Bureau, it is the specialized authorityon the fighting against smuggling. However, the jurisdiction is too narrow and thecrimes other than smuggling, even related to smuggling, are under the jurisdictionsof other organs.It’s possible for the local governments to protect the economic interests andreduce the efficiency. In practice, the jurisdiction of customs’ anti-smuggling Bureaushould be accordance with the crime number theories. The crimes with relation tothe offences of smuggling would be investigated by customs’ anti-smuggling Bureau.However, the offences that are rare and unsuitable to be investigated by customs’anti-smuggling Bureau, can be under the jurisdiction of local Public SecurityBureau.The offences of smuggling are tried by the intermediate court, which isconflicted with the levels of courts. Many smuggling cases that should be under thejurisdiction of basic level court are tried by the intermediate courts. It emphasizes theadaption of political levels rather than the theory of criminal justice and eventually isagainst the criminal procedure law.As a result, the intermediate courts cannot concentrate on the supervision of thelower courts. This phenomena should be consummated and the cases can betransferred between the higher and lower courts or prosecution services. The second chapter analyses the collection of evidences. The complexity ofevidence get rise some problems in practice. The smuggling is concerning with twoor more countries. It is a problem for the judicial organs to collect evidence abroad.They must respect the principle of sovereignty and the mutual interests. Withoutthe participation of local authorities, one cannot guarantee the quality of the evidencecollected. However, the use of evidences are breach the principle of direct speechprinciple. We can conquer it by establish the remote inquires.The Third chapter is mainly on the endangered animals and products. Theappendixes of animals of Convention on International Trade in Endangered Speciesof Wild Fauna and Flora is not the same with China’s judicial interpretation. It is aquestion whether or not to follow the international convention. The animals that areon the appendixes of international convention and are absent from the judicialinterpretations should not be listed as the objects of smuggling. And the judicialinterpretation should also be improved as soon as possible.