On The Crime Of Smuggle

The crime of smuggling is a long-standing statutory crime. In recentyears， large-scale smuggling crime has basically been checked， but asthe situation develops， especially the impact of economic globalization，new smuggling sophisticated. Therefore， it is necessary to carry outspecial studies of smuggling crime. This paper is divided into ninechapters:The first chapter is an overview of crimes of smuggling. Firstly，theauthor discuss several views about the concept of crime of smuggling byscholars， and analysis of these ideas Then discussed the history of thelegislation on Crimes of smuggling. From the perspective of historicaldevelopment， China’s drug Crimes of smuggling has a process ofprogressive development. Finally， the author discusses the developmentstatus and characteristics of the crime of smuggling in China.The second chapter is the object of the crime of smuggling.First，the author discussed the concept， characteristics and manifestations ofthe object of the crime of smuggling; Subsequently， the authors analyzethe objects crime of smuggling， including the concept， manifestations，identified problem.of the object of the crime of smuggling.The third chapter is the behaviours of crimes of smuggling. Thischapter begins with the characteristics of crimes of smuggling behavior.Criminal law scholars are in dispute of the nature of the behaviours ofsmuggling offences. With the nature of the object of smuggling criteriafor the classification， crimes of smuggling can be divided intosmuggling and trafficking crimes against import， export or import ofgoods prohibited behaviours and general goods smuggling， thebehaviours of objects; according to different ways of smuggling， thebehaviours of crimes of smuggling can be divided into around Offsmuggling， customs smuggling， smuggling follow-up，quasi-smuggling; according to whether they involve taxes， crimes ofsmuggling can be divided into two tax-related criminal cases of smuggling and non-tax-related crimes. in the process of recognition withcrimes of smuggling， we should pay attention to distinguish theboundaries between the behaviours of crimes of smuggling crime and thebehaviours of other crimes.The fourth chapter is the main body of the crime of smuggling. Thischapter units smuggled subject of crime as a focus of discussion. Firstanalysis unit of the crime of smuggling main concepts， characteristicsand classification; secondly，explore the units of the crime of smugglingthe main identified， including several issues there is a dispute in themain body of natural persons identified in the unit of the crime ofsmuggling， and smuggling unit subject of a crime defined， includingthe Partnership Enterprise identified， the contractor at the contractorduring the implementation of the main body of the crime of smugglingthe name of the company and wholly owned enterprise of the main bodyof the crime of smuggling identified， foreign units in the main body ofthe crime of smuggling identified.The fifth chapter is the subjective intent of crimes of smuggling.There are many controversies in theorists and practitioners on this issue.First， the paper deliberately discuss understanding factors and subjectivefactors of Crimes of smuggling; Secondly， discourse controversialintentional theory of smuggling crime in the community directly andindirectly， and come to the author’s point of view-crimes of smugglingshall include the indirect intention; Finally， the author discussed thesmuggling problem in the presumption of subjective knowledge.The sixth chapter is unfinished form of crimes of smuggling.Criminal law scholars are in dispute of whether crimes of smuggling haveexistence of unfinished form， The author believes that there areunfinished smuggling patterns. Subsequently， the authors analyzedconcept， constitute conditions and that standard of the preparation formof smuggling， attempted form of crimes of smuggling， in an attempt toprovide a reference and basis for specific operations.The seventh chapter is an accomplice to crimes of smuggling. Theestablishment of a common crimes of smuggling lies on three conditions: the main condition， the subjective condition of intent， objectivebehavioural conditions; from the criminal division of labour point ofview， the common crimes of smuggling can be divided to organizationalbehaviours， the implementation of actions and helping conduct; then，the author discusses several ways of smuggling classification ofco-perpetrators.The eighth chapter is the number of crimes of smuggling. In judicialpractice， the number of crimes of smuggling problems are verycomplex， this chapter focuses on the continued smuggling of crimecommitted， continuous guilty， guilty Lapping of Legal Provisions. Inaddition， theorists and practitioners are controversial with the number ofcrimes of smuggling， these disputes will be discussed.The last chapter is the proposal of the smuggling crimes legislation.First， analyzed the defects of the crime of smuggling legislation，including the imbalance in the style arrangements; crime and theconfiguration unreasonable; types of crime are not uniform criteria for theclassification; regulate the structural conflict; penalty configurationunscientific and too harsh. Subsequently， the author discusses the of thecrime of smuggling legislation and judicial specific recommendations，including the improving the legislative system of the crime of smuggling;perfect smuggling and criminal penalties set to limit the application of thedeath penalty; additional smuggling of other prohibited imports andexports sin; perfect crime of smuggling legislative， judicialinterpretation.