Study On The Crime Of Unit Smuggling Common Goods

With the developing of economic globalization,foreign trade transactions have gradually increased,and the number of smuggling cases has been increasing year by year.The crime of smuggling common goods is the most common type of smuggling crime,and the complexity of this type of crime determines that its behavior is mainly carried out by the unit.Another aspect,the offence of smuggling common goods takes a large proportion of unit crime.In addition,compared with natural person crime,there are many special problems in the crime of unit smuggling common goods.Therefore,the study of the unit smuggling common goods is very meaningful for the study of the crime of smuggling and the research on unit crime.Due to the special jurisdiction of the unit smuggling cases,the author need to deal with a large number of smuggling cases in the work.According to the author's observation and summary,the smuggling of common goods by unit is the most difficult and controversial issue in all types of smuggling cases.For example,the determination of unit crime,the intent of smuggling,unit joint crime and sentencing balance problems,are controversial problems in practice,and these problems are also difficult problems in criminal law theory.Therefor,the research of unit smuggling common goods is pregnant to solve specific problems in practice and promote the theory behind the problems at the same time.This article is to resolve the new problems in smuggling common goods cases based in the current law and judicial interpretation.By exploring the root of these problems,we ascertain it is a question of understanding law and judicial interpretation,or a question that legislation is lagging behind the social reality,so as to find ways to solve the actual problem,and reach a conclusion under the existing legal norms,according with fair and justice.This article will be discussed through five chapters.The first chapter is summary of smuggling common goods crime.The author defines the crime of unit smuggling common goods,explains its connotation and denotation,analyzes its characteristics,so as to lay the foundation for the later.The second chapter is about subject of the crime.There are two elements theory,three elements theory,four elements theory about the establishment of the unit crime.Based on the summary of the controversy and consensus,the author suggests that the unit's will,the behavior of unit members and the unit interest could be used to explain the unit behavior.On the judicial identification aspect,the author believes that the current regulations can actually be covered by the author summary,and on this basis,the article analyzes the burden of proof and certification standards.The third chapter is about the subjective identification.The author thinks that subjective intent of smuggling common goods crime can include direct intent and indirect intent,unit general employee behavior may also be identified with smuggling intentionally,and analyzes the judicial practice for specific recognition of subjective knowledge.After discussing unit of smuggling intentionally,the author discusses the unit interior person-in-charge and other directly responsible personnel's subjective intent.The author then discusses the subject intent of the person who buy the smuggled goods and the perpetrator of a common crime.With respect to the problem of unit will continuity,it can be decomposed into two aspect to discuss,that is the unit crime judgement when unit members change and whether affiliates will can be merged.The author supports the substance identification method.In the fourth chapter,author discusses the problems existing in the joint crime.The author thinks that the common crime pattern include units with other units,joint crime of natural person.Themembers of the unit joint crime is disputed in theory and justice,after practice and theoretical analysis,the author thinks that the unit joint crime include unit insiders' crime.On this basis,the author discussed the unit joint crime of smuggling common goods crimes.The author thinks that the role of subject in unit joint crime is main decided by crime intent's producing,division of labor,the position of the criminal subject,capital investment and benefits.The author then discusses the principal and the accessory in the crime conducted by the units joint crime,the unit and natural person joint crime and the internal members joint crime.In the fifth chapter,author discusses the punishment of smuggling common goods.Unit crime and natural person crime law standard is not unified,which causes problems of sentencing imbalance.There is specific stipulation in law when the question is about whether the subject is guilty,the conclusion is controversy in other condiction.The author thinks that the subject's punishment should be decided according to each's standard and we should consider the issue of sentencing balance.The author suggests we should unify the sentencing criterion of unit and natural person in view of four reasons.