Study On Judicial Determination Of Crime Of Smuggling Common Goods In Online Cross-Board Shopping

Today, online Cross-Board shopping is more and more popular, but the recent taobao shop owner bought case and flight attendant buying case has also exposed the cross-border act as purchasing agency network in the legal issues behind the booming, on the one hand, a variety of policy releasing network cross-border act as purchasing agency shop business unprofitable, on the other hand cross-border act as purchasing agency network owners have no so, in addition, according to related survey, many businesses take the use of law only "legal space" to evade taxes forviolence in cross-border act as purchasing agency network occupy the absolute advantage in the industry.The author believes that this is not to the legislation imperfect, the related policy is not sound, but the existing improper execution of policy and law, a lot of problems in the judicial practice has not been clearly identified, cooperate mechanism does not coordinate between different departments, make a lot of illegal behavior person drill a loophole in the law, did not get the real punishment, and make more people believe that such behavior will not have a legal risk, thus to further regulate the problem in the judicial practice is very important, this is also in this paper, we study the main problems.This article is divided into five parts, the first part is mainly for the purpose of this study, significance, status quo, scope and method of overall summary, cross-border act as purchasing agency in the second part is the network overview of smuggling ordinary goods or articles, was bought by a flight attendant as import, in which the network cross-border smuggling ordinary goods or articles crime defined in the act as purchasing agency, summarizes the cross-border smuggling ordinary goods or articles crime act as purchasing agency network of three characteristics:crime with tax-related attributes, crime is "legal" has concealment, crime with dual illegality. Cross-border act as purchasing agency network are analyzed in smuggling ordinary goods or articles the harmfulness of crime. The third part is the focus of the article, summarizes the network cross-border legal now act as purchasing agency and its existing problems, and mainly analyzes the smuggling ordinary goods or articles in cross-border act as purchasing agency network crime in the judicial cognizance on the existing problems, such as the determination of main body, the collection of evidence and the cognizance of the plot, the cognizance of subjective illegality, objective aspect object, behavior, the amount of three specific issues clearly and sentencing imbalance problem. The fourth part, the author propose solutions for these problems one by one, smuggling ordinary goods or articles in the cross-border act as purchasing agency network put forward some views on the crime of justice. The fifth part, made simple summary to full text.