违反海关法单证作为一种违反经济基本原则的犯罪的客观迹象分析

IF 0.9 4区社会学 Q3 CRIMINOLOGY & PENOLOGY

Canadian Journal of Criminology and Criminal Justice Pub Date : 2023-04-29 DOI:10.51788/tsul.ccj.3.1./tskp6713

Jengis Ermashev

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引用次数: 0

摘要

本文分析了违反海关立法作为一种违反经济基本原则的犯罪的客观表现。本文对本罪的客体进行了分析，将其分为一般客体、特殊客体、相似客体、直接主体客体和直接附加客体。同时，明确了犯罪对象的范围，考虑到立法的最新创新，将危险废物和法律文书禁止进口的物品排除在犯罪分析范围之外的必要性也在文章中进行了分析。此外，本研究还详细分析了海关立法违法的对象、主要标志和可选标志以及它们对行为资格的影响等问题。特别对构成本罪客观方面的行为清单与国外刑事立法中确立的行为清单进行了比较分析。针对工作中分析的每一个案例，作者都提出了合理的结论和建议。根据研究结果，提出了完善国家刑事立法的具体建议，以确定违反海关立法的责任。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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ANALYSIS OF OBJECTIVE SIGNS OF VIOLATION OF CUSTOMS LAW DOCUMENTS AS A TYPE OF CRIME AGAINST THE FUNDAMENTALS OF ECONOMY

This article analyzes the objective signs of violation of customs legislation as a type of crime against the fundamentals of economy. The object of this crime is analyzed in the article and classified into general, special, similar, directly main and directly additional objects. Also, clarifying the scope of the objects of the crime, taking into account the latest innovations in the legislation, the need to exclude from the scope of the analyzed crime, including hazardous waste and items prohibited to be imported into our country by legal documents are also analyzed in the article. In addition, in this research, issues such as the object of violation of the customs legislation, its main and optional signs, and their influence on the qualification of the act are analyzed in detail. In particular, the list of actions constituting the objective aspect of this crime and the list established in the criminal legislation of foreign countries are comparatively analyzed. Reasonable conclusions and proposals of the author have been developed for each case analyzed in the work. As a result of the study, concrete suggestions were made regarding the improvement of the national criminal legislation, which determines responsibility for the violation of the customs legislation.

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来源期刊

Canadian Journal of Criminology and Criminal Justice CRIMINOLOGY & PENOLOGY-

CiteScore

1.30

自引率

33.30%

发文量

期刊介绍： The Canadian Journal of Criminology and Criminal Justice publishes quarterly coverage of the theoretical and scientific aspects of the study of crime and the practical problems of law enforcement, administration of justice and the treatment of offenders, particularly in the Canadian context. Since 1958, this peer-reviewed journal has provided a forum for original contributions and discussions in the fields of criminology and criminal justice. This bilingual, peer-reviewed journal was previously called the Canadian Journal of Criminology, the Canadian Journal of Criminology and Corrections, and the Canadian Journal of Corrections.