中国内地与香港两地间水客走私综合治理初探

On Comprehensive Control on Parallel Traders between the Mainland and Hong Kong of China

对于内地和香港两地之间'水客走私'这种具有较大规模的违法行为模式,虽然两地的合作一直在加强,但当下监管和治理仍主要呈现为单方治理的特点。单方的贸易管制和较强的行政管理属性,造成了内地与香港两地合作的困难。《刑法修正案(八)》对于走私犯罪的重新描述,以及2013年香港婴儿奶粉限量措施,既体现了两地针对新型走私行为的不同适应方式,也为双方司法层面的合作前景开辟一定的探讨空间。

As to the parallel traders between the Mainland and Hong Kong of China which is a group of the nature persons engaging massive unlawful behavior,although the cooperation between the Mainland and Hong Kong keeps enhancing,current supervision and control mainly present as one-side control.The difficulty of cooperation between the Mainland and Hong Kong is caused by one-side trade control and the nature of administration management.Both the provisions of the smuggle crime in Criminal Law Amendment(8th)and the Hong Kong Infant Formula Rationing demonstrated the different adapting ways against new type smuggle as well as opened a new area of the judicial cooperation.This paper focuses on the problems existing in the control of parallel traders and how to expand the cooperation between the Mainland and Hong Kong of China to tackle these problems.