Study On The Application Of The Criminal Law Of Overseas Purchasing

Overseas purchasing is a common way of shopping.It means that domestic buyers use foreign countries to take advantage of the convenience of living abroad to purchase overseas goods,and then take them back to China or mail them to the country to obtain goods.There are many reasons for the development of the overseas purchasing industry.The advancement of online shopping technology,the drastic reduction of transportation costs,and the high tariffs on imported goods are all important factors.While enjoying cross-border shopping,we cannot ignore the criminal risks contained in overseas purchasing.The existing law does not include overseas purchasing into the illegal act,but in essence,whether the purchaser carries the goods for sale without entering the declaration channel,or directly mails the items purchased by others directly to the country,it may involve If you pay less taxes and evade customs supervision,this situation will be subject to administrative penalties.When the unpaid tax amount reaches the statutory amount,smuggling crimes may be established.The study of the overseas purchasing behavior criminal law system mainly focuses on the crime of smuggling ordinary goods and articles.This article will discuss the relationship between overseas purchasing and smuggling of ordinary goods and articles from two angles.The first part combines the provisions of the Criminal Law,the Customs Law,the Customs Regulations and other relevant laws and regulations to analyze whether different types of purchasing behaviors are criminal,how to determine the crimes,and which subjects should bear criminal responsibility.Nowadays,the operational purchasing through the network occupies the mainstream of the purchasing industry.The e-commerce platform that provides convenience for these people and even directly purchases smuggled goods should also be subject to regulation.The second part discusses the penalties of purchasing smuggling on the basis of the establishment of crimes.At present,whether the sentencing standards adopted in China will lead to excessive punishment,how to achieve the guilty responsibility under the existing legal rules.The traditional regulations on smuggling of ordinary goods and articles are too strict for overseas purchasing smuggling,and cannot play a due role in punishing crimes and preventing the occurrence of purchasing smuggling.Judging from the legislation of various countries and the judicial practice of our country,we can improve the punishment of purchasing smuggling crimes by improving the allocation of punishments and increasing the punishment of property punishment.