Research On The Application Of Criminal Law To The Crime Of Overseas Purchasing And Smuggling

Since the introduction of cross-border transaction services on e-commerce platforms,private agents have gradually evolved into platform intermediary agents,and overseas agents have rapidly expanded.In the context of this development,with the deepening of Internet applications,the improvement of people's living standards,and the increasing development of cross-border transportation networks,overseas purchasing agents have become simple and convenient from the long journey before,and diversified and professionalized overseas purchasing agents transaction methods Came into being.While overseas purchasing agents promote the rapid development of economy and trade,they also bring opportunities for smuggling crimes.Starting from the "Resignation Flight Attendant's Purchasing Agent Case",many questions about the behavior of overseas purchasing agents one after another.Although the crime of overseas agent smuggling belongs to the crime of smuggling ordinary goods and articles in essence,due to its novel form and complex and changeable operation mode,the behavior of overseas agent in the specific judicial practice breeds non-specific conviction,accomplice form and stop Problems such as unclear form.The flight attendant Li Xiaohang's purchase case has been tried three times,and the verdict has also undergone tremendous changes.Although the criminal law ultimately defines it as the crime of smuggling ordinary goods and articles,in the Internet era when overseas agent smuggling cases frequently occur,further research on the case still has important reference value for solving related problems in overseas agent smuggling cases.This article starts from the controversial focus of the Li Xiaohang case,combines the current domestic and foreign research on overseas smuggling in the criminal law,compares the relevant discourses of the overseas agent smuggling crimes in the theoretical circles,and introduces the relevant cases of overseas agent smuggling again to analyze the criminal law of the overseas agent smuggling crime.The identification of accomplices,the form of crime,and other issues,finally reached a perfect path for the application of criminal penalties for overseas agent smuggling.