英语论文网

In recent years, the subject involved in smuggling , geography, and other species more widely , and in the smuggling of means, modus operandi secret , advanced equipment , the emergence of so-called " smuggling chain", " smuggling network" and other new situations . Can be expected in the future to tax evasion as the main purpose of smuggling ordinary goods , goods smuggling crime is still the main form , and have the entire class in the crime of smuggling percentage increase. Meanwhile, the use of processing trade channels and export processing zones , bonded channels for smuggling , the " criminal law " provisions of Article 154 of smuggling ordinary goods, items of crime will be a new level of development .

我们知道，走私普通货物、物品罪是一种法定犯罪，它以海关法和刑法的禁止性规定为前提，法律因素对规制、预防此犯罪起着很大的作用。

We know that the smuggling ordinary goods , commodities offenses is a statutory offense , it is the customs and criminal law prohibitions on the premise , legal factors on the regulation, prevention plays a big role in this crime . China in the 1997 Criminal Code provides for the first time in smuggling ordinary goods , commodities offenses and criminal law amendment has been amended , it should be said of the legislature in relation to the crime of legislative experience is not rich contents of the legislation is not perfect . With two high judicial practice according to the practical problems encountered in a targeted manner to judicial interpretation , for accurate identification of smuggling ordinary goods, items objective behavior of crime , actors , etc. have been better guidelines and regulations . However, in the smuggling ordinary goods, items subjective aspect of the crime , although two high explain the whole smuggling also made a subjective intent requirement , but because of the subjective intent in itself lead to a non- foreign resistance is more difficult to grasp , especially smuggling ordinary goods , items of the crime object of general cargo , goods, relative to other objects apparent smuggling smuggling is a huge difference , such as the smuggling of counterfeit currency , pornography , narcotics , smuggling and illegal nature of the object itself has ; another example is the smuggling of weapons , ammunition, nuclear materials , rare animals and their products , rare plants and their products , artifacts, precious metals , smuggling object itself belongs to the state controlled goods , items, and smuggling ordinary goods , goods , smuggling object itself is neither illegal, does not belong to the state controlled goods , items, so after he was arrested the perpetrator usually luck becoming defensive , for acquittal , reducing crime , which the judiciary has identified the perpetrator of smuggling ordinary goods, items subjective intent to identify the offense brought a lot of problems. Therefore, this article from the perspective of judicial determination of smuggling ordinary goods, items such as the subjective aspect of the crime of "knowingly" identification, indirect intentional , deliberate and uncertain clearance smuggling subjective intention to transport personnel and other common troubleshooting prone controversial issues discussed to be able to in a specific judicial practice apply the law correctly and accurately punish crimes .