Study Of Criminal Law Regulation Of Overseas Purchasing Behaviro

With the strengthening of international exchanges and the cross-border trade is continuously expanding, purchased overseas become the new expression of small cross-border trade. But with the case of Shanghai Taobao shop owner overseas purchasing and Xiao-hang Li smuggling case, we can find that the overseas purchasing as the new trade have a lot of legal problems behind the rapid development. In addition, the overseas act as purchasing agency trial cause national debate also shows that the public for judicial adjudication of overseas purchasing smuggling case exist social identity problems. Hence, faced with the ever-changing new type of smuggling crimes, how to reasonably apply to overseas act as purchasing agency smuggling crime of criminal law as well as the effective regulation become the phenomenon we must to solve them. This paper is distributed into four parts:In the first part, through the Xiao-hang Li smuggling case and taobao shop owner bought case of Shanghai, we can find that the public and judiciary to overseas purchasing smuggling crime is in dispute about crime and non-crime, judicial determination and measurement of penalty. In the second chapter, by describing legislative regulations of overseas purchasing both in china and abroad, we can have a more comprehensive understanding of overseas purchasing. Furthermore, through discussing the current situation of foreign legislation, we can comparative analysis of the development trend of overseas purchasing smuggling crimes regulation in china. The third chapter is about the qualitative analysis of overseas purchasing behavior in China. This part mainly discusses whether or not the new types of overseas purchasing smuggling need to have independent regulation. Also, this part solve the overseas act as purchasing agency problems existing in the judicial cognizance of smuggling crimes; The fourth chapter analysis measurement of penalty about the overseas purchasing smuggling. Through the analysis of judicial practice and theoretical research, we’d like to put forward the perfect Suggestions.