Research on Commercial Fraud and Smuggling Crimes

Author: Chen Lei
Publisher:
Publish Date: 2005-11-01
Features: This article is divided into two parts, the upper part primarily proposes the fundamental issues of commercial fraud smuggling crimes. Based on the evolution and development of smuggling crimes in China, especially the rapid increase of commercial fraud smuggling crimes in the overall smuggling crime after joining the WTO, the author draws on relevant criminal legislation from foreign countries to suggest that commercial fraud smuggling crimes should be stipulated as an independent offense to meet the needs of criminal law in combating crime. The article begins with the theoretical and practical origins of commercial fraud smuggling crimes, defining the scope and types of commercial fraud smuggling crimes, and distinguishing them from other crimes. It focuses on the characteristics of commercial fraud smuggling crimes, studying the basic issues of their constitution, such as the characteristics of the subject, the characteristics of the result, forms of joint crimes, forms of termination, and multiple crimes. In the context of multiple crime forms, the author examines imaginary concurrent offenses, continuing offenses, successive offenses, connected offenses, and absorbed offenses in commercial fraud smuggling crimes. Additionally, the article explores unit crimes in commercial fraud smuggling crimes, offering insights on the subject characteristics, fault characteristics, objective aspects, fault determination, and penalties for unit smuggling crimes.
The lower part focuses on the study of individual crimes under commercial fraud smuggling crimes. Grounded in the basic stance of the overall theory and adhering to a "problem awareness," the author delves deeper into the research by addressing various forms of commercial fraud smuggling crimes. It proposes that commercial fraud smuggling crimes include five specific offenses: price fraud smuggling, false declaration of origin certificate smuggling, and false declaration of intellectual property status smuggling. The purpose is to distinguish crimes with varying levels of severity during the development of commercial fraud crimes to ensure the proper application of criminal penalties. Then, what is the basis for the existence of these crimes? At what point do they constitute a completed offense? These questions must be sought from the legislative intent, which leads to a more in-depth analysis and discussion of the concepts, characteristics, identification, and penalties of the aforementioned offenses. Although individual crimes share similarities in their constitutions and forms of joint crimes, each has distinct characteristics, especially when distinguishing between and non-crime, or between one crime and another, which can be very complex.