Study On The Object Of Smuggling Crime

The object of the crime of smuggling shall determine the charge and punishment of the crime of smuggling.so,the object of the crime of smuggling is the most important problem in the crime of smuggling.Because of the complexity and the diversity of the crime of smuggling behavior object and opening-up,along with our country social economy development level unceasing enhancement,will continuously create more new smuggling behavior object,the lag of law in the face of the new situation and new problems,it will appear the situation of the application of law in the judicial practice.Therefore,through the in-depth analysis of the behavior object,we can clearly define its concept and scope,grasp its characteristics and laws,and face the dilemma in judicial practice according to the principle of the adaptation of culpability and punishment.Therefore,it is of great significance to thoroughly analyze and study the object of the crime of smuggling.The object of the crime of smuggling is the specific content of the criminal act of smuggling.This article first from our country “the criminal law” in the smuggling crime article enumerates the stipulation behavior object to proceed with,explores the smuggling crime behavior object's connotation and the extension,in order contribute to the judicial practice.The object of the crime of smuggling changes from the general to the specific,which is the reflection of the lawmaker according to the development of the times and the progress of the society.It is the embodiment of the principle of legality of crime and punishment in China's criminal law to stipulate different smuggling charges for different objects of conduct and to match the corresponding penalties.For the same object of the crime of smuggling,because the criminal law of our country makes different provisions on its smuggling import and export,for its import and export,respectively established two different charges.For example,the act of smuggling cultural relics for export shall be subject to the crime of smuggling cultural relics,and the act of smuggling cultural relics for import shall be subject to the crime of smuggling ordinary goods and articles.Such provisions of the same object but different charges and penalties are determined by the nature of the act of smuggling and its degree of harm,which reflects the principle of crime balance in China's criminal law.Object,when the offender for his smuggling behavior cognition is not clear,should be in accordance with the criminal law in our country the concrete conforms to say,the perpetrator consistent with the facts and actual reality cognitive range was set up with intentional crime,and should not just according to the real person smuggling behavior object on the criterions for the conviction,that against the fair principle of criminal law in our country.Though,China's import and export are forbidden by the criminal law can't also no need to all the behavior of the objects are stipulated in the law,but some of the more complex and more common in the judicial practice in the item of the qualitative problem,still need to be further clear,such as: the infringing goods and articles,conviction and sentencing,should perfect the object of this kind of behavior law,as soon as possible in order to reduce the legal disputes in practice,improve judicial efficiency.