Research On The Criminal Law Regulation Of Personal Overseas Purchasing Behavior

With the prosperity of the country and the vigorous development of the domestic transportation and express industry,it is inevitable that e-commerce will become the mainstream consumption mode.Until now,under the goal of building a moderately prosperous society in an all-round way,people have more requirements on brands and quality while realizing food and clothing,and the demand for all kinds of international brands has soared.However,with the improvement of people’s living standards,overseas buying smuggling crimes also increase,which brings serious threats and infringements to the normal legal order of the country.This paper focuses on the smuggling crime of personal overseas purchasing agent.Through the analysis of the concept,relevant theories and actual cases of the smuggling crime of personal overseas purchasing agent,the paper faces the current judicial practice dilemma and put forward suggestion and corresponding countermeasure.Except the introduction,this article is divided into four parts: the first is the individual overseas purchase smuggling crime classification and respectively made the criminal law qualitative.The individual overseas purchasing is mainly divided into daily overseas purchasing and profitability overseas purchasing.In addition,the criminal law is defined and the sentencing difference is discussed after the crime of smuggling ordinary goods and articles respectively.The second part mainly summarizes and summarizes the current situation of domestic and foreign legal regulations on the smuggling crime of personal overseas purchasing agent,and compares the differences in legislation at home and abroad.The third part is the key chapter of this paper,mainly discusses the establishment requirements of individual overseas purchasing smuggling crime and the analysis of the difficulties in judicial practice.First of all,the constitution elements of the smuggling crime of personal overseas purchasing agent are expounded.Secondly,it analyzes the current judicial dilemma.First,how to distinguish the objects of the smuggling crime of personal overseas purchasing agent.The second is how to make subjective judgment;Third,the amount of individual overseas buying smuggling crime is determined;The fourth is the personal overseas purchase smuggling crime form controversy.The fourth part is established in the analysis of the preceding part,taking the open case of the Judicial Documents Network as an example to summarize the relevant disputes in judicial activities,and put forward countermeasures and suggestions for the individual overseas purchasing smuggling crime from the aspects of improving legislation and clarifying the judicial identification standards.Think should stick to for a consistent principle,strengthen the legislation of criminal law,for individual purchased overseas type of smuggling crimes clear legal regulation is put forward,at the same time,to improve the type purchased overseas smuggling crime cognizance of criminal object,crime intentionally and standards such as the amount of crime for customs authorities and provide more institutional guarantees for judicial organs in practice.