Typical Cases and Legal Application (Criminal Category) 4--Smuggling Crime: Criminal Category

Author: Zhu Mingshan
Publisher:
Publish Date: 2004-08-01
Features: "Examples support the law, not break it," the guiding significance and reference value of cases in judicial work have always been emphasized by courts at all levels in China. (Supreme People's Court Gazette) Every issue carries cases approved by the Supreme People's Court or discussed and approved by the Supreme People's Court's Judicial Committee, requiring courts at all levels to refer to them in judicial work. Since 2000, the Supreme People's Court has publicly released judgment documents to the public. The Supreme People's Court China Applied Law Research Institute has been editing and publishing (People's Court Case Selection) since 1995. After nearly a year of effort, we have launched this series of books. In the editing process, we tried to make the series have the following distinct features:
1. Typical and Realistic Cases. Most of the selected cases belong to (Supreme People's Court Gazette), cases published by the Supreme People's Court and its divisions through other forms, and each case is as typical as possible. For convenience, we have summarized the essence of each case and listed it as "Problem Prompt" before the case. All cases are kept real. Cases involving minors, personal privacy, and other content have had some real names withheld.
2. Authoritative Analysis. In addition to (Supreme People's Court Gazette) cases and judgment documents released by the Supreme People's Court, other cases are analyzed by presiding judges or experts on core legal issues, with particular emphasis on explaining hot or difficult issues in professional fields.
3. Comprehensive Legal Documents. The "Legal Application" section is specifically divided into [Laws, Regulations, and Rules], [Judicial Interpretations], [Requests and Replies], [Local Regulatory Documents], and [Judicial Policies]. Among them, the replies of the Supreme People's Court to lower courts' requests on legal application, judicial documents published by local courts, and research findings of various courts on adjudicating certain types of cases are also unique features of this series of books.
4. Detailed and Reasonable Classification. This series of books is divided into separate volumes based on different types (causes of action) of civil, criminal, and administrative cases. Batch has already launched 43 civil case books, and now we are launching the second batch of criminal case books. It should be noted that some cases were rendered before relevant new laws were enacted, so there may be provisions of old laws in the judgments and analyses, but the legal issues involved are still important, so we have selectively included such cases, with the main purpose of the analysis being to address legal issues. In the "Legal Application" section, the new legal basis is listed. Please note this when using the books. During the editing process, many judges of the Supreme People's Court have given us enthusiastic help and support, and we express our sincere gratitude. We sincerely hope that this series of books can contribute a little to the accumulation, summary, and dissemination of judicial practice experience.