Discussion On The Smuggling Crime Unit Main Body Qualification Confirmation

Unit smuggling crime in our society is the planned economy to the marketeconomy is the inevitable product of. Since1987the" Customs Law" for the first timeas the subject of crime of unit smuggling shall be hereafter, our country has initiallyestablished the punishment of unit smuggling crime criminal law system. However,with the deepening reform of economic system, various units of ownership emerge inan endless stream, original law has not adapted to the development of the socialmarket economy. This article from the experience and draw lessons from the foreigncriminal legislation of the crime of smuggling on the basis of the current institutionalsmuggling crime, confirmation of main problem byPart of the unit main body qualification has been unable to meet the variety ofsystem of ownership coexist, diversified social services and economic subjectexistence. Objectively speaking, limited to the beginning of reform and opening upthe legislative background and the crime of unit smuggling a late start of newunderstanding of things, to the main unit of criminal law provisions are too principle,the novelty of the concept and feature of lack of clarity when interpretation in judicialpractice, the main body of difficulty big, not up to judicial fairness effect. In thispaper the research train of thought is: to be adopted on the current market economysituation, from the Social Sciences, humanities science angle according to criminallaw, legislative principles, to the unit crime theory exploration is also a gradualprocess of cognition. Linking theory with practice, committed to our country the unitsubject of crime legislation and judicial interpretation of the analysis and evaluation tothe legislative defects and omissions, as the angle of view, the perfection of legalsystem for the direction, combined with domestic and foreign experiences andperspectives, systematically collated and summarized. One is briefly narrated ourcountry unit smuggling crime concept and its characteristics. The criminal judicialpractice experience and legislative technology matures, the unit smuggling crimeconcept also should keep pace with the times. Two was compared to other countriesof smuggling crime criminal legislation situation, for Taoguangyinhui, complementeach other, improve our unit smuggling crime timely. Finally, from the judicial andlegislative aspects of our unit smuggling crime subject to confirm the proposed theconstructive opinion. The main body is divided to confirm the detail, reasonableexpansion of unit smuggling crime subject, expanded explanations have body type,reached with Chinese characteristics, lenient and strict legal penalty measures.