Reasonable Improvement Of The Standard Of Judicial Determination In The Crime Of Smuggling

Smuggling is an economic crime, with the national economic development, opportunities for foreign trade between the countries increased greatly, convenient transportation, economic complementarity between the countries increased, smuggling became rampant crime in our country. Smuggling is not only a violation of China’s foreign trade and tax management system, but also seriously reduce the actual tax income of countries, and disrupt the competitive environment in the domestic market, the impact of national mental and physical health. Since China’s accession to WTO, the traditional smuggling has decreased, but still in a period of time in memory, however, the new criminal offense of smuggling was appearing like spray Pit, which takes a variety of smuggling to evade customs supervision of the most projections. Thus suspected of smuggling to overseas, purchasing behavior perspective to study the judicial determination of the crime of smuggling problems in the process and theoretical legal basis for smuggling of Judicial Identification for new forms and perfection of great significance.The crime of smuggling is a traditional intentional crime, before to explore new smuggling crime, first, a combination of "Criminal Law" relevant judicial interpretations, scholars and other writings that standard to discuss the crime of smuggling Elements and specific problems, mainly Discussion on the crime of smuggling against the objects found on the doctrine of criminal objects that the law of Infraction and social relationships, this article endorsed the method of Infraction, the analysis concluded that the crime of smuggling against the object that is legal benefit refers to the state of the external trade control system and the tax collection system; the second is the objective aspect of the crime of smuggling of justice finds that focuses on the types of crime and smuggling methods, it focuses on the indirect smuggling. At the same time we discussed the smuggling of Justice finds that the main problem is to distinguish between smuggling and to distinguish the boundaries of general and commercial behavior. Second, we must distinguish between smuggling and crime in general illegal boundaries. Smuggling and smuggling of punishment in general, main criminal fines and imprisonment and the like. Once again we discussed the implementation of the perpetrator repeatedly smuggling judicial determination of the number of standards within a year. That is the behavior of people smuggling in the year but had been given administrative punishment twice after administrative organ smuggling judicial determination of the issue, the analysis should be drawn after the third smuggling Accomplished implementation in order to be recognized as a crime of smuggling.The third part is the analysis of the subject of the crime of smuggling and Judicial Identification problem. Crime is one of the core elements of the main elements of the crime, not the subject of crime, there is no crime. Smuggling subject is the general subject, provided they have a criminal responsibility, can constitute the crime of smuggling. As long as individuals have criminal responsibility, the implementation of the smuggling, to the extent, of course, constitute a crime; legal personality of the unit, if the implementation of the smuggling, also constitute a crime. While defining the outside of the unit is the individual, that is, there is no problem of identification and unit labor relations Common smuggling, smuggling through analysis of results if a natural person other than the units acquired interests owned by individuals, or in accordance with the natural process of Smuggling the second issue is to identify individual partnership or partnership enterprises smuggling; the fourth part is the crime of smuggling and subjective aspects of judicial cognizance, including deliberate in direct and indirect intentional identified problems through understanding the problem and seek illegal cognition, etc. Discussion on the problem. Followed by analysis of the crime of smuggling judicial determination of the characteristics of the problem.Secondly, to explore a new smuggling of judicial determination of its predicament in case law that is leaving stewardess jailed overseas purchasing, for example, to analyze the current situation of overseas purchasing, including the status of the criminal law provisions of the Customs Law, and the development of overseas purchasing Judicial Determination Situation etc., to analyze the causes of the plight of the judicial determination of where to analyze the theoretical basis and justification overseas purchasing judicial determination of the crime of smuggling and path selection path selection, draw the theoretical path and the reasons herein chosen, echoed with the foregoing analysis, the main from the new crime of smuggling against the object of standard, objective and subjective aspects, combining text stewardess purchasing for analysis discussion.Finally, according to the above analysis, with the change of society, judicial determination of the crime of smuggling and Perfection of the standard, I mainly proposed to improve the crime of smuggling offenses and related legislation and judicial interpretation, in order to adopt incriminating conditions of overseas purchasing behaviors to solve new smuggling judicial determination improvement in standards.