The "purchasing" of the stewardess received the criminal appeal and the legislative nerve of the electric trader

Stewardess "purchasing" to be sentenced to appeal Wang Jo/System

Commercial newspaper reporter Aoxiangfi

After 11 years of the first instance of the crime of "smuggling ordinary goods", the departing stewardess Lee has filed an appeal. Lee's appeal mainly believes that the original verdict found that the facts are not clear, insufficient evidence, the application of the law is not serious. The case is in the written trial of the second instance. The legal personage thinks, the first instance judgment and the appellant appeal difference is so big, with the current electricity merchant legislation vacancy. It is worth thinking about whether the crime of diversification, such as Lee, which is based on network behavior, needs to be regulated by more robust and up-to-date laws and regulations.

Open shop of the departing stewardess Li MoU, because of the crime of smuggling ordinary goods sentenced to 11 years in prison, a few days ago filed an appeal. Recently, Lee's father by opening a blog, open Weibo and other ways for her daughter's appeal. Commercial newspaper reporter through his blog posted on the appeal form to understand, Lee an appeal mainly believe that the original verdict found that the facts are not clear, lack of evidence, the application of the law, the punishment of abnormal weight. In this regard, the relevant legal personage said, the first instance judgment and the appellant's appeal difference is so big, with the current electricity merchant legislation vacancy, especially the purchasing aspect lacks the supervision related.

Li Fufa Blog on behalf of women

"I am the ' departing stewardess to purchase the punishment 11 ' This stewardess's father, everybody must have seen about my daughter's related report!" I wrote out the truth of the case and I hope you can help my daughter. We have now appealed! "October 13, Li's father through Sina Weibo account" quit stewardess Li Xiaohai "released the microblog.

Through the link published on the microblog, the newspaper reporter opened the Sina blog of Li's father. In its post "flight attendant smuggling sentence 11 appeal form", the commercial newspaper reporter learned that Lee has been in the case of the first instance judgment two weeks after the September 17 appeal.

Lifu also in the blog in behalf of the female plead: "Purchasing cosmetics is not smuggling drugs, guns, the plot can be how serious?" Is it really endangering society? What are the adverse effects on society? It's just makeup! ”

The petition raises a number of questions

Commercial news reporter saw that the "flight attendant smuggling was sentenced to 11 appeal form" mainly put forward the original verdict found that the facts are not clear, lack of evidence, the application of the law is not appropriate, the punishment of abnormal weight and so on, but did not deny the "smuggling purchase."

Lee said in the indictment, the original verdict that she evade tax evasion of 1093380.28 yuan of the fact is unclear. The trial court, based solely on the customs approval certificate issued by the Beijing Customs Department, determines the amount of the appellant's tax evasion, ignoring the appellant and the defender's reasonable questioning of the certificate.

Li believes that the core evidence of the verdict is "order", "The approved certificate" and the appellant's statement, but the "order" is obtained directly from the website of the relevant duty-free shop in Korea, and the downloading process is carried out in the absence of the electronic evidence holder (i.e. the appellant) and without witness witnesses, From the source of evidence, the authenticity of evidence, the procedure of obtaining evidence and the method of obtaining evidence are not in accordance with the legal provisions.

Li MoU also said that the original judgment reference to apply to the February 25, 2011 National People's Congress passed the Criminal Law Amendment (eight) of the abolition of the old standard sentencing is not obvious.

In addition, Lee also believes that she is only a life for the ordinary citizens to open shop, is not a professional smuggler, even if the appellant's behavior violates the criminal law, and large-scale, organized crime organizations used by the "Customer with goods", "ants Move" the criminal method of the essence of the difference, the appellant sentenced to such criminal laws, is the penalty of punishment.

The case is pending in the second instance.

Commercial newspaper reporter contacted yesterday afternoon, Lee's defense counsel, Beijing Yida law firm lawyer Yan. Yan to the commercial newspaper reporter confirmed that the above several questions is the main content of Lee's appeal. He also introduced the second instance of the application has reached the Beijing High Court, is conducting the second instance of the written trial, has not come to the party.

Yan also said that the second instance of such cases are generally only written hearings, at most the client, listen to the views of counsel, and then announced the results of the second instance.

Event Playback

Stewardess sentenced for smuggling cosmetics 11

Due to a large number of heavy carry from the Korean duty-free shop to buy cosmetics entry and not to declare, customs import tax evasion of more than 1.13 million yuan, September 3, the resignation of a stewardess Lee was a Beijing secondary hospital first trial to "smuggling of ordinary goods crime" sentenced to 11 years imprisonment, 500,000 yuan punishment. It is reported that the public inspection organs found that from 2010 to 2011 August, Lee with others in the South Korean duty-free shop to buy cosmetics and other goods, to customers with goods from the declaration of the way to carry the entry, and through the shop, such as Lee for profit.

Lawyer's point of view

Perfecting legislative supervision and purchasing

In response to Lee's appeal to the first instance judgment, Yunting, a partner in Shanghai's Big Bang law firm, told reporters in an interview that it was not possible to judge the outcome of second's verdict at the moment. However, he stressed that most of the evidence of smuggling cases was obtained from outside the territory, if the parties recognized that there is no problem, because if the parties do not recognize, the original one by one verification difficulty is also large.

Referring to the appellant's opinion that the application of the original judgment is improper and the sentencing of the original sentence is abnormal, yunting that the appellant did commit the crime of smuggling, but this is related to the lack of legislation and purchasing supervision. He said that with the rapid development of e-commerce in China these years, the purchasing industry is increasing, it is really necessary to legislate to regulate. He said that legislation should clearly state what is legal purchasing, which is illegal smuggling, and clear the relevant process, to the current group of people engaged in overseas purchasing more clear guidance.

Yunting said, it is precisely because there is no relevant policy and regulations clearly stipulate legal purchasing scope, so, how many people engaged in purchasing the group violated the relevant laws, also unknown.

A Shanghai lawyer, who declined to be named, stressed to the commercial press that Lee did violate the Criminal Code's provisions on smuggling. But in the network economy developed, purchasing is also very common today, such as Lee's network behavior based on the diversification of crime, whether the need for a more sound, more up-to-date laws and regulations to regulate, is the case is worth thinking about.

News depth

The legislation of China's electric business is slow

However, at present, China's legislation on the electricity business is slow, about purchasing is almost never mentioned.

Commercial news reporter learned that China's e-commerce related laws and regulations include:

In August 2004, the 11th meeting of the NPC Standing Committee adopted the electronic signature law, which marked the birth of China's first "information law in real sense".

January 2005, the State Council issued "on the acceleration of e-commerce development of several views";

January 2005, the central bank issued the "Electronic Payment Guidelines (number one)" And so on, the electronic payment of the norms, security, technical measures, responsibility and other provisions;

March 2007, the Ministry of Commerce issued "on the online Trading guidance (provisional)", to maintain the legitimate rights and interests of participants in online transactions, standardize the online transaction behavior;

June 2010, the State Administration for Industry and Commerce issued the "Network Commodity Transactions and Related Services Act management interim measures";

In March 2011, the State Administration of Industry and Commerce issued a special "on the Internet shopping in the field of infringement of intellectual property rights and counterfeiting fake and shoddy goods violations of the work of the notice", specifically to combat counterfeiting counterfeit (with) the name of the brand merchandise as the focus.

"Beijing Business Daily" has reported that the domestic electricity business legislation is difficult, mainly in the industry supervision, market order, transaction security, tax management and other four problems.

Commercial newspaper reporter noted that the customs has introduced some of the relevant overseas purchasing policies. In 2010, the General Administration of Customs promulgated the "Relevant matters concerning the adjustment of personal postal goods management measures," "The provisions on the taxation of the entry of individual personal use of imported goods", according to the Mail and personal carrying in the overseas purchasing link, the tax standard becomes more stringent and the tax exemption standard personal mailing is 50 Personal use of imported goods for 5000 yuan, at the same time in the implementation of the link also strengthened supervision. In addition, since April 15 this year, the General administration of Customs issued the 15th Bulletin of 2012 officially implemented, the new deal further refined the postal tax collection of goods, and modified the Overseas express customs clearance channels.

The case makes the purchasing industry uncertain

China E-commerce Research Center monitoring data show that 2010 China's overseas purchasing market transactions of 12 billion yuan. and 2011 Overseas Purchase market transaction size reached 26.5 billion yuan, up 120.83% on the previous year. 2012 is expected to purchase overseas transactions will be expected to reach 48 billion yuan.

Yunting introduced, in the separation of the flight attendant in 11, New Zealand crackdown on illegal export of milk powder in the context of the incident, his side of some overseas purchasing people think that the policy is uncertain, purchasing industry prospects are not clear.

China E-commerce Research Center analyst Mo Dai Green also said that the case will not be conducive to the healthy development of overseas purchasing industry. She expected that this will be the purchasing industry in the near future, and will affect the price of overseas purchasing products continue to rise.