旅检渠道“客带货”案件的法律定性及取证优化——以成都海关为例

The Legality and Optimization of the Evidence Collection in the “Illegalcarrier” through Passenger Inspection——Taking Chengdu Customer as an Example

缉私作为海关的四大传统职能之一,一直在海关工作中扮演着重要的角色,随着电子商务的不断发展,尤其是网购、微信等购物方式不断风靡,越来越多的旅客在旅检渠道以正常行李物品为掩护实则携带应税货物或禁、限货物进境不申报,逃避海关监管。在"客带货"前提下根据主客观证据的不同可分为一般行政案件、走私行为及刑事案件三种类型,因而案件的办理过程中难以避免出现交叉和冲突点,需要把握取证方向,突破取证难点,同时,还要优化办案模式,加强海关监管。

The anti-smuggling, as one of the four tra ditional functions, has been played an important role in the China Customs. With the continuous development of e-commerce, especially online shopping,micro shopping, more and more passengers carried the taxable goods or prohibited or limited goods in normal package passing through the passenger inspection entrance for the purpose of escaping the custom supervision. In such illegal-carrier cases, according to the subject evidence, there are three types in general：the administrative case, smuggling and criminal case. In such cases, there are inevitable intersections and conflicts. So, we must have right way for the evidence collection, breakthrough the evidence obstacle, while we must optimize investigation mode and strengthen the custom supervision.