Study On The Smuggling Crime In Way Of Overseas Purchasing

In recent years, with the rapid combination of e-commerce and cross-border trade, overseas purchasing has become one way of shopping which many people present are keen to, overseas purchasing industry has become a more-scale commodity trade sectors.Overseas purchasing behavior has the features of small property, repeat-ability, and involving the internet, the goods of overseas purchasing are mostly in high-end consumer goods and daily necessities which have higher tariffs.However, due to the lack of industry-specific regulation and supervision of the industry, many people walk in the gray area of the law, who use the characteristics of China's tariff system and the loopholes of customs' supervision to escape the tariffs to obtain high profits.In China's tariff system,the import goods and imported article are regulated by different rules of clearance supervision and import duties.From 2008's "airline stewardess overseas purchasing case" to today, because of smuggling ordinary goods and articles,agents of overseas purchasing were convicted of crime of smuggling common goods or articles have been uncommon cases, and many of these cases involved hundreds of billions.We can say that under the background of economic globalization smuggling behavior of overseas purchasing has become a new type of the crime of smuggling common goods or articles.Overseas purchasing trade has its market space, the overseas purchasing behavior is not illegal.However, in order to promote the positive development of overseas purchasing industry, we should use the criminal law correctly to fight against the smuggling crime of overseas purchasing. So,how to understand this new type of smuggling crime correctly and how to identify such crimes in judicial practice accurately become two major issues of this paper.In this paper, the text is divided into three parts, about 40000 words, the main contents are as follows:The first part is the "the summary of the smuggling crime in way of overseas purchasing." In this section,it firstly defines the conception and the classification of overseas purchasing behavior. Secondly, depending on the different nature of the overseas purchasing goods, and then introduces the different regulated rules and import duties.Finally, based on the understanding of overseas purchasing behavior and different tariff rules, it calls the behavior of smuggling common goods or articles in the course of overseas purchasing as the smuggling crime in way of overseas purchasing.The second part is the "the research of elements of the smuggling crime in way of overseas purchasing." This part uses the framework of the four elements of traditional crime constitution theory to analyze the elements of the smuggling crime in way of overseas purchasing, and then aims to reveal the essence and the manifestation form of the smuggling crime in way of overseas purchasing.Through analysis, it is summed up: On the object of crime, the smuggling crime in way of overseas purchasing, which object of crime is in high-end consumer goods and daily necessities, violated the customs' regulatory system on import goods and articles and the tariff systems; On the objective of crime, the harm behaviors of the smuggling crime in way of overseas purchasing included clearance smuggling, indirect smuggling and subsequent smuggling, the most direct harmful consequence is evasion of tariff; On the subject of crime, the subject of the smuggling crime in way of overseas purchasing included both individual and units; On the subjective of crime, the subjective of the smuggling crime in way of overseas purchasing is criminal intent, and in normal circumstances the lack of awareness of illegality will not stop the criminal intent was established.The third part is the "the judicial dilemmas and solutions of the smuggling crime in way of overseas purchasing." firstly, this section reveals that the judicial dilemmas of the smuggling crime in way of overseas purchasing include the suspects of crime are difficult to determine,the quantity of goods involved is difficult to statistic, the amount of crime is difficult to identify, the evidences of crime are difficult to collect. For the above four aspects of the judicial dilemmas, the paper puts forward four solutions to solve them, including using the double standard of facts and legal to determine suspects, in a way of firstly in kind and secondly in the number of transactions to statistic the quantity of goods involved, unify standards of calculation of amount of crime, and improve mechanisms of evidence collecting.