武装掩护走私争点探微

Issues On Smugglings with Armed Coverances

由于刑法规定的不明确,围绕武装掩护走私,学界展开了激烈的讨论。本文在厘清武装掩护走私的含义及认定的基础上,试图阐明这样几个问题:武装掩护走私不成立独立的罪名,而是各具体走私罪的从重处罚情节;武装掩护走私所掩护的是走私行为,而不要求是走私犯罪;必须严格区分武装掩护走私和以暴力、威胁方法抗拒缉私行为。

Heated discussions have been conducted about smugglings with armed coverances because of the fuzzy statements in the criminal law. This paper discusses the definition and cognizance of smugglings covered with arms and attempts to clarify that armed coverance of smugglings cannot be accused as an individual crime but a factor for severe punishments of the smugglers, that smugglings are covered with arms but not initiated. Thus, a demarcation line must be drawn between smugglings with armed coverances and violent and threatening defiances of smuggling suppression.