Briefly Analyzing Several Problems About Smuggling Crime Of Overseas Purchasing Service

In recent years,the rise of overseas purchasing has satisfied domestic consumers' demand and the number of cases of overseas purchasing smuggling crime propelled by benefits rapidly increasing.Especially when two trials of the smuggling case involving an ex-stewardess in Beijing who offered overseas purchasing service attracted wide public attention,questions like “is overseas purchasing a crime”,“why is there a great difference between two trials ”caused a heated media public discussion and public awareness,and overseas purchasing has become a new heat point in penal law field.Compared with the traditional smuggling,the overseas purchasing smuggling crime on the background of internet era has some new characteristics like small scale,networking of smuggling channels and daily smuggling objects,and those characteristics bring new problems,such as smuggling activities broken into several small parts,smuggled good with tax paid and warranted,and identification of taxes due,which make conviction and sentencing more difficult and easily bring social disputes.Therefore,there is a urgent practical significance in studying characteristics of the overseas purchasing smuggling crime to analyze and solve this new type of smuggling crime.This paper will start from present status of the overseas purchasing,analyze characteristics of the overseas purchasing and its illegal characters,aiming at judicial practice,study its subjective conditions,objective conditions and joint crime,and argue about three typical kinds of overseas purchasing smuggling.This paper includes four parts.First part is the situation of overseas purchasing.This part will introduce concept,types and basic situations in different developing levels of overseas purchasing.The second part is about the illegality of smuggling in overseas purchasing.This part compares the goods and items in overseas purchasing with their relative taxation regulations to analyze the illegality of overseas purchasing,thus identifying the legal situation,the ordinary violation and the serious violation.The third part is about overseas purchasing and smuggling.This part analyzes the relationship between overseas purchasing and smuggling,and tells its perniciousness.And it also lists some deputed problems in cases of smuggling in overseas purchasing.The fourth part starts with practical problems in juridical practice.This part explains how to identify the crimal conducts in overseas purchasing from subjective conditions,objective conditions and joint crime.And this part also analyzes the several special cases of crime in overseas purchasing and puts forward the author's opinions.