A Study On The Evaluation Of The Criminal Law Of The Smuggling Of Goods And Articles

With the rapid development of the world and China’s economy, the rapid increase in economic exchanges between countries, transportation and the network is also greatly facilitated, the way and the form of a variety of smuggling, a large number of cases of smuggling between the increasingly blurred. The complexity of the case is a major feature of the crime of smuggling, in the process of handling the smuggling case, how to grasp the distinction between the crime of smuggling and the connection between the two crimes is the premise to solve the crime of smuggling. In the judicial practice, the criminal law of the crime of smuggling criminal law is very controversial, and the standard of the crime of smuggling is not uniform. In practice, the smuggling of ordinary goods, and other countries to the smuggling of goods and goods, the crime of smuggling ordinary goods, goods and other crimes has become an increasingly urgent need to solve the problem. For example a armour on smuggling ordinary goods entrainment obscene books, external see some armour is a smuggling behavior, but also constitutes smuggling ordinary goods, goods crime and smuggling obscene goods crime, if some armour, knowing the smuggled goods and articles are clamped in the pornographic books is still belong to the imaginative joinder of offenses?? Obviously, the same is the behavior of a variety of goods, if you do not consider the subjective intention of the perpetrator to identify a variety of crime is a crime or a crime, obviously inappropriate.This article through the people’s court in the practice of the two cases of real cases, to elaborate on the ordinary goods and the specific contraband goods, and through the different views of the scholars to compare, and then to a variety of crime of smuggling, the trial mode of the crime of smuggling of goods in the criminal law to make a conclusion. This article will combine the specific case of the crime of smuggling and the crime of smuggling and its subjective intention of the crime of smuggling a variety of criminal law to study the problem of criminal law. Firstly, through the theoretical analysis to determine the boundaries between the various smuggling charges under two level charges of crime and non crime. Secondly, according to the changes in our country’s criminal law legislation to analyze the legal interests of the crime of smuggling, and then to analyze the legal interests of the crime of smuggling. Finally, through the comparison and analysis of the theory and the practice of the theory of thecross analysis of the new thinking mode to solve the problem of the criminal law of the crime of smuggling.