The Conviction And Sentencing Analysis Of Cross-border Purchasing Case

Resigned "Flight Attendant" Shopping Case as a typical case caused widespread concern, Because of the case and the public expect exists a huge contrast, studies of cross-border purchasing has become an entry point for types of cases. Reflected in the case of the judiciary in dealing with such cases inappropriate for understanding and implementation of the law, which led to the conviction and sentencing is not clearly identified, the focus of which is both controversial case, and also the main issues to be studied in this article.Through practical case analysis and a combination of theoretical perspectives on the issue in this case constitute a conviction analysis from the crime of criminal law, the defendant Li XiaoHang, who evade custom duty conduct set forth from subjective and objective perspectives; On sentencing analysis in the case,Researching include both the amount in dispute and the angle of the sentencing principles factors, taking a comprehensive and objective view of the many problems that exist in sentencing.The overall framework of the article is divided into four chapters:The first chapter is a statement of the case and the main controversy comb; The second chapter is a detailed analysis of the case in the question of the conviction. On the one hand the studies are emainly basesd on the subjective aspects which were studied offender objective aspect, the case of Li XiaoHang who meet the general crime of smuggling goods constitute a crime. On the other hand also from this crime and that crime, whether it involved areas of common crime, looking for other possible cases of convictions that may exist. The third chapter is related to the issue of sentencing. First, from the "numerous untreated smuggling " perspective, pointing out the significance of the existing legal provisions for sentencing cases amount. Second, using a new method in sentencing the legal analysis.Chapter IV regression the cases outside legal thinking, reflect a common feature of such cases and the relevant recommendations for improvement.