论走私罪及其立法完善

On the Crime of Smuggling and the Perfection of Its Legislation

本文在回顾我国关于走私罪的立法和司法解释之后,对现行刑法走私罪的概念和构成要件做了较为深入的论述,尤其是对走私罪的客观要件做了全新的论述。文章最后对我国走私罪之刑事立法的缺陷进行了评析,并提出了完善走私罪之立法的具体构想。

This article traced the history of the legislation and judicial constructions of the crime, and gave a thorough explanation of it .The study of the objective elements of the crime in this article is from a totally new angle. Finally the author analyses the defects of the legislation and gives his suggestion on the perfection of it.