The Research Of Individuals With Goods Smuggling Crime

Individuals with goods, it is not a legal concept but an economic phenomenon.Individuals with goods refers to tourists who have the opportunity to foreign carry commodities by themselves or by mail way into activities. Individuals involved in many people, the main body status are "special", customs clearance, namely the individual articles carry or mail goods pass the seaport and is based on profit for the purpose, is small,the general transaction is through the network, object is usually ordinary goods and articles, etc; Individuals with goods is not the same as overseas act as purchasing agency,the individual behavior with cargo itself does not provide illegality, but produced many problems that about administrative law and criminal law. The individual with goods without the extra completely conform that does not obey the law, Breach the provisions of the law not pay or unpaid the taxes that should pay would smuggling or trafficking crime;Act as purchasing agency individual with cargo is smuggling behavior, need according to the amount and the plot to smuggling. For, There is no concept in China’s criminal law about smuggling behavior, you need to refer to other administrative regulations to define,such a blank indictment prone to dispute, should be settled as soon as possible by criminal law legislation. Along with the increasing in economic development and entering person,for individuals with cargo phenomena are in need of perfecting legislation, laws and regulations shall be appropriate to relax restrictions on individual clients with goods,support and guide individual with goods to develop healthily. Administrative law should provide microfinance taxes; A clause should be set in the criminal law of article 153 like this : "the Chinese and foreign tourists, such as the individual personal carry goods or articles into China, the taxes that they should paid do not achieve the standard of the large amount, can not generally define as a crime of smuggling, imposing administrative penalties, and tourists sale the goods or articles that carried by individuals but not as a career also included in this column; however, e-commerce enterprises employ individuals to cross-border trade to avoid taxes, should be convicted and punished in accordance withthis law." FIT with a cargo seemingly simple but a complex phenomenon which should carry on the reasonable standard.