Study On Criminal Law Problems Of Overseas Purchasing

Since1997, e-commerce began to emerge in China. Today, it has become synonymous with network development. But in recent years, overseas residents to the Internet as a new e-commerce platform for its unique mode of operation and advantages of the industry to meet the great demand for domestic consumption, is greatly favored by consumers and distributors of. Just a few quick time, the rise of overseas purchasing industry in the country, has become a newcomer in the field of e-commerce new army. As an overseas purchasing e-commerce model, which in addition to the general characteristics of traditional e-commerce, but also has many of the characteristics of their own. Nowadays, the development of overseas purchasing, and in our country is only getting started. Electronic monitoring can be seen from the data related to business organizations, in recent years, China’s overseas purchasing market transactions are based on times, even ten times the rate of growth. However, due to the rapid rise of overseas purchasing mainly things in recent years, China’s laws and regulations of this aspect lags behind, there is no clear laws specifically regulate them effectively. At present, the overall situation is more confusing in terms of its development, there are many issues that must be carried out to clarify the law, such as the nature of the behavior problems, tax issues, and so on.This article from the four aspects of overseas purchasing discussed:First, an overview of overseas purchasing, describes the meaning of overseas purchasing, characteristics, patterns, development status and prospects, I believe mastered the basic situation of overseas residents in favor of overseas purchasing behavior later on to provide a theoretical basis for the qualitative.Secondly, the nature of overseas purchasing elaborate criminal law, mainly discussed the social nature of the crime and smuggling constitute two aspects, I think, is not appropriate for the qualitative overseas purchasing behavior across the board, should distinguish look. For those purchasing overseas parent to purchasing products through the way to go off with a cargo carrying entry of non-reporting channel behavior, although the existing criminal law provisions which constitute a crime, but I think that this behavior does not reflect the essential characteristics of smuggling society, should not be recognized for smuggling.Third, elaborate penalty punishment overseas purchasing, mainly from overseas purchasing considerations penalty sentencing established smuggling case sentencing whether smuggling ordinary goods should be distinguished from other articles behavior.Fourth, by analyzing the nature of the criminal law to reflect overseas purchasing smuggling ordinary goods, items expressed in scientific object sin and how to improve.I think that, in the act of smuggling should be identified desalination tariff system, but more should be concerned about violations of intellectual property rights, product quality, inspection and quarantine system. Because of the potential should be reflected in the national interest of the individual interests of the game and the nature of smuggling ordinary goods, the object of theoretical articles reflect the crime and to be perfect, which is in line with the newly enacted shortly after the Third Plenary Session of the Party eighteen Report "CPC Central Committee on had decided to deepen the reform of several major issues " in the opening of the first point, " the significance of deepening reform and overall guiding principle " mentioned "...... let all labor, knowledge, technology, management, vibrant capital unleash let all sources of social wealth full play, so that the fruits of development more and more equitable benefit all the people, " the spirit of the resolution. I think so, remove the contents of the upcoming tariff and set it on tax evasion in consideration, because, by tax evasion and smuggling ordinary goods, more articles sin tariff elements into tax evasion will have more advantages in the legislative and judicial applicable technology this part of the author, respectively, from the legitimacy, necessity and feasibility of three aspects of the system discussed. This is also in line with the third part of my report on the party’s eighteen "building a moderately prosperous society and the overall goal of deepening reform and opening" mentioned, "building a moderately prosperous society must take greater political courage and wisdom to seize the opportunity to deepen important areas of reform, and resolutely get rid of all hinder scientific development ideas and institutional mechanisms for malpractice, the build system is complete, scientific and standardized, run an effective institutional system, so that all aspects of the system is more mature more stereotypes. " the spirit of the meeting.