Case Study "res Nullius" Suspected Of Smuggling Context

After 2000 the newly amended the "Customs Law" Soon, border se curity, industry and commerce administrative law enforcement departme nts began in non-customs seized a large number of on-site surveillance z one without the party or the party scene but despite the alleged non-ow ner smuggled goods and means of transport cases, referred to as "res n ullius" case. For such cases, the customs on suspicion of smuggling gene rally not be accepted on the grounds of insufficient evidence, research t heory and practice is quite limited. The author believes that "res nullius" cases of non-traditional sense of a class of smuggling cases, because t he owner can not the case, resulting in the fact that neither the crimina l smuggling identify the suspect can not be completely ruled out; called "res nullius" is the case of the pre-survey a conceptual process, is the alleged forced to evade legal sanctions(temporarily) abandoned property, with hypothetical, are essentially involved in property, before any treat ment which they depend for the case has not been revoked and should be understood as one kind of property or custody of measures to emerg ency measures. "Res nullius" generation and the growing number of cas es are complex reasons, including smuggling now presents a series of ne w features during the Group of specialization, inter-regional and other s mugglers continued to improve anti-detection capabilities, logistics and tr ansport industry supervision The existing anti-smuggling system is not r unning smoothly, however hard the quality of law enforcement personnel, law enforcement equipment is relatively backward, and multiple levels of internal and external oversight and fatigue. In practice, investigate "r es nullius" cases there are a lack of legal basis, in-depth and difficult t o trace the owner of "res nullius" follow-up treatment is not standardized, open, transparent and crimes higher risk outstanding issues. The solution is to insist on top-level design strategy, actively use the way of thinking and the rule of law, to reform from all levels of policies, insti tutions, mechanisms and systems, improve and advance. For example, fr om the central level to start the "Customs Law" supporting legislation, reform and improve the existing institutional mechanisms smuggling; fro m the national level, the introduction of relevant interpretation or syste m, clear and qualitative unity "nullius" cases, jurisdiction, investigation and handling specifications, improve the supervision mechanism; strengt hen funding, logistical support, solid and enhance the quality of law enf orcement, anti-smuggling technical and tactical temper.