Study On The Disposal Of The Related Property For Smuggling Common Goods

With economic development,more and more types and quantities of products are available at the disposal of human beings.The criminal activities that are closely linked with economic development are also greatly affected.The types and quantities of property involved in criminal activities are as in the past The great difference is that while investigating the criminal responsibility of crime,how to properly dispose of the property involved has become an important topic.Article 64 of the Criminal Law only provides for a general definition of the matter of recovery and confiscation of the involved property,and specifically how to recover and confiscate the object of recovery and confiscation.No specific provisions explicitly stipulate this.The crime of smuggling ordinary goods as an important offense in Chapter III of the Criminal Law is more complex than other traditional crimes,with more types of property involved and more judicial practice.In this context,this article is divided into three chapters,to investigate the issues related to the disposal of property involved in the smuggling of ordinary goods.The first chapter is mainly for the smuggling of ordinary goods,theconcept of crimes involved in the classification,explain.The explanation of the big concept of property involved in criminal cases shows that the specific concepts and classification of smuggled goods,vehicles and illegal gains involved in the crime of smuggling goods are all reflected in the first chapter.This article divides the smuggled goods items most involved in the property into three parts for the crime of personal property,contraband,illegal income,and explained each part of the specific involved property.At the same time,the related legal provisions on the disposal of property involved in the smuggling of goods are also arranged in the first chapter.The second chapter is about the legislation and judicature of the disposal of the common goods smuggled in our country now.It raises three questions.First,the related concepts are vague,such as the scope of "involved property","recovery" and "confiscation" The concept and nature of the definition is unclear.Second,serious cross-border criminal,program entities regardless of,mainly reflected in the abuse of investigation procedures,the application of offside law.Third,due to the improper disposal of smuggled ordinary goods,on the one hand,due to the defects of legal legislation,the judicial practice in various places is quite chaotic and the handling methods are different;on the other hand,the confiscation of smuggled goods is not clearly stipulated in the criminal law provisions.Legislation violates the statutory principle of crime and punishment.Finally,the excessive confiscation of smuggled goods violates the principle of appropriate punishment for crimes and is punished severely.The third chapter based on the second chapter of the issues further thinking,put forward targeted suggestions.First of all,it is necessary to do justice to the judiciary and improve the disposal system of the involved property,and define and clarify the concept of related ambiguityso that the handling of the property involved in smuggling of goods can be unified and reasonable.Second,we must clearly regulate the cross-section of the criminal law and the more chaotic part of the procedural entity so as to ensure the rationality and authority of the judicial document.Finally,rationalize the handling of smuggled goods to further clarify the scope of the smuggled goods,and set the principle of proportionality,in accordance with the severity of the act and influence the size of the smuggled goods to deal with,and should also regulate the smuggling of goods related to the property Of the follow-up treatment,protection of smuggled goods items involved in the crime of property auction price can be uniformly handed over to the state treasury.