Research On Subjective Determination Of Smugging Crime

Because the criminality of the act depends on the actor's cognition of the administrative laws and regulations,in the process of law enforcement,it often appears that the actor denies or justifies his smuggling subjective intention on the pretext that he is not clear about the provisions of the customs administrative laws and regulations.The identification of the subjective intent of the perpetrator is an indispensable and important condition for the identification of the criminal act of smuggling,and it is also a difficult point in the current practice of law enforcement.The determination of the subjective intention of the perpetrator is related to the definition of the crime and non-crime of smuggling,as well as the judgment and measurement of the lesser and the heavier of the crime.It involves many contradictions and problems between academic theory and judicial practice,including the determination of knowledge in smuggling crime,how to define the direct intention and indirect intention in smuggling crime,and how to distinguish them.Confirmation of the general intent in the crime of smuggling,as well as the intentional identification in the smuggling of "tax-inclusive" and "guaranteed" and so on.The handling of these problems will directly affect the identification of the actor,this crime and that crime,the crime and the non crime.This article attempts to start with the criminal law theory of criminal intent,combined with the author's work practice,through the identification of "knowing" and cognitive content,as well as smuggling crime whether there is indirect intent and other issues are discussed and analyzed,analysis of the subjective aspects of smuggling crime,with a view to guiding the practice.