问题 问答题

试述《海关法行政处罚实施细则》对走私行为的认定及处罚。

答案

参考答案:《海关法行政处罚实施细则》的相关规定适用于对不构成走私罪的走私行为,构成走私罪但依法免除刑罚的行为,以及违反海关监管规定的行为的处理。
(1)有下列行为之一的,是走私行为:
①未经国务院或者国务院授权的机关批准,从未设立海关的地点运输、携带国家禁止进出境的物品、国家限制进出口或者依法应当缴纳关税的货物、物品进出境的。
②经过没立海关的地点,以藏匿、伪装、瞒报、伪报或者其他手法逃避海关监管,运输、携带、邮寄国家禁止进出境的物品,国家限制进出口或者依法应当缴纳关税的货物、物品进出境的。
③伪报、瞒报进出口货物价格偷逃关税的。
④未经海关许可并补缴关税,擅自出售特准进口的保税货物、其他海关监管货物或者进境的境外运输工具的。
⑤未经海关许可并补缴关税,擅自出售特定减税或者免税进口用于特定企业、特定用途的货物,或者将特定减免税进口用于特定地区的货物擅自运往境内其他地区的。
(2)有下列行为之一的,按走私行为论处:
①直接向走私人非法收购走私进口的货物、物品的。
②在内海、领海、运输、收购、贩卖国家禁止进出境的物品的,或者运输、收购、贩卖国家限制进出口的货物、物品,没有合法证明的。对于上述的走私行为和按走私行为论处的违法行为,作如下处罚:
(1)走私国家禁止进出境的物品的,没收走私物品和违法所得,可以并处人民币5万元以下的罚款。
(2)走私国家限制进出口或者依法应当缴纳关税的货物、物品的,没收走私货物、物品和违法所得,可以并处走私货物、物品等值以下或者应缴税款3倍以下的罚款。
(3)伪报、瞒报进出口货物价格偷逃关税的,没收违法所得,可以并处偷逃关税金额3倍以下的罚款。
(4)专门用于掩护走私的货物、物品,应当没收;藏匿走私货物、物品的特制设备,应当没收或者责令拆毁。此外,走私货物、物品无法没收时,应当追缴走私货物、物品的等值价款。
另外,对两人或者两人以上共同所为的走私行为,应当区别情节及责任,分别给予处罚。知情不报并为走私人提供方便的,没收违法所得,可以并处违法所得2倍以下的罚款;没有违法所得的,处人民币5000元以下的罚款。为走私准备工具、制造条件的,比照上述规定从轻处罚。对于走私情节轻微的,当事人主动交代、检举立功的或走私行为在3年以后发现的,可以从轻或者免予处罚。

阅读理解

Our three-year-old daughter Becky wanted a dog. But we were too busy to buy one. One day, Becky ran in, shouting, “Mom! Come to see my dog!” Her face was red with excitement.

I followed her to the bush and found a wolf! He was hurt. Seeing me, he stood up suddenly! I could see his teeth! God! My mouth felt dry. “Don’t be afraid. That’s Mom. She loves you, too.” Becky said. Then he became friendly. It was unbelievable!

I rushed to find my husband and told him about the wolf. We should have killed the wolf, but Becky loved him. Besides, he was kind to Becky. So we called the vet(兽医) finally.

Becky named the wolf Ralph and she carried food to him every day. Later, Ralph got well. They played together in the daytime. At night, Ralph would return to the mountains. Sometimes he disappeared but came back several days later.

On Becky's first day of school, we could see Ralph’s sadness. After Becky left school, Ralph lay by the side of the road and waited. When Becky returned, he got happy again. This continued throughout Becky’s school years.

Twelve years passed.

One day we heard that a wolf was killed. The other wolf was hurt and ran away. We were worried about Ralph. That night, Ralph returned with a wound. Becky held his head kindly and comforted him. We hoped he could come through. However, he died.

Becky cried. I noticed something strange in the bush—two little yellow eyes! Ralph’s child! Before he died, Ralph brought his child to us! He knew he would be safe here, as he had been. Ralph, Ralph, I was moved.

“Don’t be afraid, little…little Ralphie. That’s Mom. She loves you, too.”

小题1:The phrase “felt dry” in the second paragraph probably means “______.”

A.felt thirsty

B.felt happy

C.felt nervous

D.felt sad小题2:When the wolf Ralph died, Becky was _____ years old.

A.three

B.nine

C.twelve

D.fifteen小题3:Ralph brought his child to Becky because______.

A.his child had to be cared for at once.

B.he thought Becky was sure to treat his child well.

C.his child was also hurt badly.

D.he had to leave some time to look for food.小题4:The best title for this passage is______.

A.The best pet of children

B.A kind animal

C.A kind child

D.Becky’s good friend

单项选择题 A1型题