Research On Related Legal Conflicts In The Crime Of Smuggling In International Trade In Goods

How to solve the conflict The application of legal norms is a new issue faced by the judiciary in handling cases of smuggling of international trade in goods.Among them,the conflict between international law and domestic law and the application of law and the law of the conflict when the application of judicial practice is more controversial issues.With the prosperity of international trade,smuggling cases involving international trade in goods will also increase,how to solve the problem of two legal conflicts is clearly an unavoidable problem of the judiciary.This paper analyzes the characteristics of international trade smuggling crime and related legal conflicts,and then applies the criminal law theory to apply the conflict between international law and domestic law in international trade in goods smuggling and behavior law and The conflict between the referee is applied.The article is divided into four parts:The first part is the characteristics of international trade in goods smuggling and related legal conflicts.The article first summarizes the specific situation of smuggling crime of international trade in goods,and then combs the two legal conflicts according to the relevant legal norms of smuggling crime in our country.The article argues that the international trade in goods smuggling crime has violated the order of international trade,violated the order of tax collection and management and the characteristics of domestic market balance.China's smuggling criminal criminal legislation has gone through the initial,supplement and gradually improve the three stages.With the revision of the Penal Code and the introduction of a number of "amendments",the criminal law of smuggling crime has been gradually improved.In addition,the Administrative Law and the relevant international treaties such as the Customs Law,the Foreign Trade Law,the Regulations on the Administration of Import and Export of Goods,the Regulations on Import and Export Tariffs,and the relevant international treaties will have an impact on the determination of smuggling crimes.In this legal system,the international trade in goods smuggling mainly in theconflict between international law and domestic law and the behavior of the law(the time of the tax rate)and(the referee when the law(when the referee tax rate)conflict between the two types of conflict.The second part is the legal application of the conflict between international law and domestic law in international trade in goods.The article first elaborates the reason of the conflict between international law and domestic law,and then combs and studies the rules of foreign countries and our country to deal with such legal conflicts in turn,and on this basis,applies the law of international law and domestic law conflict in international trade in goods trade Put forward specific rules.The article argues that the conflict between international law and domestic law is mainly because the national interests of different countries and the level of legislation was missing.Civil law countries,France and Germany have similar practices,that is not directly applicable to international treaties.In the Anglo-American countries,the United States generally treats international treaties and domestic laws,which are often more effective than international treaties.According to China's relevant laws and regulations,China should be based on the principle of the application of international treaties,and can gradually explore the mechanism to explain the mechanism as a supplement.In cases of smuggling of international trade in goods,if the goods in question are exempt from duty in international treaties and are taxable in the domestic tax regulations,the judiciary shall,in accordance with the provisions and commitments in the international treaties,determine that the goods in question are tax-exempt goods.The third part is the application of law in the law of international trade in goods smuggling.The article first combs the controversial view of the theoretical and practical circles,and then analyzes the connotation and spirit of the retrospective principle of the old and the light in the criminal law,and puts forward the behavior law and the referee when the international trade in goods smuggling The law of conflict applies to the rules.The article argues that the "from the old" in the old and the principle of "the old" reflects the content of "the law does not provide for the crime and does not punish" in the principle of legality,and "lightly" reflects theprinciple of legality The spirit of man.There are two rules for the application of conflict between the law and the referee in the case of international trade in goods.When there is a distinction between "yes" and "no" in the tax rate at the time of the act,the judiciary shall follow the old The principle of light;when the behavior and the referee when the tax rate is only "high" and "low" different,the judiciary should be the behavior of the tax rate that the amount of tax evasion.The fourth part is the prospect of legal regulation of smuggling crime of international trade in goods.The article elaborates on the reduction of legal conflict and the change of legal idea.The article argues that due to the needs of international trade and the embodiment of national integrity,the legal conflict between international law and domestic law will be reduced.In the legal concept,countries in the field of international trade in the field of convergence shows a trend of convergence in the judicial level,such as international trade in goods such as economic crime of non-violent crime,the judiciary in dealing with the case process will also show modest spirit.