Act as purchasing agency for the punishment stewardess appeal to exposure electric business legislation absence

Commercial daily WangReJing graphics system
Business newspaper reporter AoXiangFei
Because of "smuggling ordinary goods sin" the punishment of 11 years later, leaving a flight attendant li mou has appealed. Li mou appeal main think the decision ascertaining the facts is not clear, the evidence is insufficient and applicable laws, inappropriate sentencing distorted heavy. The case is under trial of second instance written trial. Legal experts say that judgment of first instance and appeal the appellant differences is so big, and at present electric business related legislation absence. Based on the network behavior such as li mou the diversity of the crime, whether to need to be more perfect, more to keep pace with The Times of laws and regulations to regulate, it is worth thinking about the place.
Open online departure flight attendant li mou, because make smuggling ordinary goods sin was sentenced to fixed-term imprisonment 11 years later, has appealed. Recently, li mou's father through the open blog, open micro bo, etc for her daughter's run of appeal. Business newspaper reporter through the LiFu in his blog stick out the petition of appeal to know, li mou appeal main think the decision ascertaining the facts is not clear, the evidence is insufficient and applicable laws, inappropriate sentencing distorted heavy. To this, related laws say, verdict and the appellant's appeal differences is so big, and at present electric business legislation absence, especially on behalf of the supervision.
LiFu hair blog generation female intercede
"I am 'exit stewardess act as purchasing agency was punishment for 11 years' this flight attendant's father, we must see about my daughter's relevant report! I put the truth of the case wrote out, hope everybody to help my daughter. Now we have appealed!" On October 13,, li mou's father through the sina micro bo account "exit stewardess LiXiaoHang" released this article micro bo.
Through the micro bo published links, business newspaper reporter opened the LiFu's sina blog. In the release of bowen the flight attendant smuggling leaving the punishment for 11 years the petition of appeal, "business newspaper the reporter understands, li mou has set up a file in the case verdict two weeks after the September 17 appeal.
LiFu also in the blog generation in female intercede: "act as purchasing agency cosmetics is not smuggling drugs, guns, plot can how serious? Really harm to society to the society? What is the bad influence? Just cosmetics!"
The petition of appeal puts forward many questions
Business newspaper reporter saw, the flight attendant smuggling leaving the punishment for 11 years the petition of appeal "mainly puts forward the judgment ascertaining the facts is not clear, the evidence is insufficient and applicable laws, such as improper sentencing distorted heavy question, but did not deny that" smuggling act as purchasing agency ".
Li mou in said in the petition of appeal, the decision that she evade tax 1093380.28 yuan fact is not clear. The court only according to the Beijing customs verification certificate issued by the customs of the place that the appellant evade taxes amount, completely ignored the appellant and the defenders to certificate the reasonable doubt.
Li mou think, the decision to finalize core evidence are "order", "verification certificate" and the appellant oral confession, but "order" is directly related to the investigation organ from South Korea duty free web site for downloading, download process is in the electronic evidence holder (namely the appellant) is not present and no witnesses witness cases, therefore, from the source of evidence, evidence authenticity, forensics procedures, and collect evidence methods are not conform to the legal rule.
Li mou also says, the sentence shall refer to February 25, 2011 by the National People's Congress, amendment of criminal law (8) "has been abolished the old standard sentencing show is improper.
In addition, li mou also thought, she is only a for life and set up shop for ordinary citizens, not professional smuggler, even if the appellant behavior violating criminal law, and large-scale, collectivize crime organizations to adopt "customers take goods", "ants move" crimes have substaintial distinction, the appellant to impose such criminal law, the sentencing distorted heavy.
The case is under trial of second instance written trial
Business newspaper reporter yesterday afternoon on the contact area defense lawyers, Beijing yida law firm lawyer zhang yan. Zhang yan to business newspaper reporter confirmed that the above several question is the main content of li mou appeal. He also introduces, at present the second instance application has arrived in Beijing high court, is on trial of second instance written trial, the parties are not arraignment.
Zhang yan says, this kind of case trial of second instance is generally only written trial, at most arraignment party, listen to defense counsel, and announced the results of the second instance.
Event playback
For smuggling cosmetics
Exit stewardess was punishment for 11 years
Because of many times to carry from South Korea duty free shop to buy cosmetics entry and not declared, evade customs import link tax 1.13 million yuan, September 3,, leaving a flight attendant li mou by the Beijing municipal ErZhongYuan first instance with "smuggling ordinary goods sin" sentenced to fixed-term imprisonment 11 years, punishment gold 500000 yuan. It is reported, and inspection authorities found that from 2010 to 2011 in August, li mou colluding with many others in South Korea duty free shop to buy cosmetics, etc. Of the goods, to the guest take goods from way to declare channel to carry into China, and through the area of online sale.
Lawyers view
We should perfect the legislation supervision act as purchasing agency
According to li mou to verdict's appeal, Shanghai big nations partners of this law firm lawyers to swim YunTing accept business newspaper reporter to interview the truth, at present cannot judge the trial of second instance of the decision. But he stressed that smuggling case most evidence obtained from abroad, if obtain the approval is no problem; Because if the parties do not acknowledge, the check one difficulty is big also.
Talk about the appellant ruling that the improper application of law and the decision sentencing distorted heavy, swim YunTing think, the appellant indeed made a crime of smuggling, but this and electric business has not yet legislation, supervision vacancy bought about. He says, as these domestic fast fierce development of electronic commerce, act as purchasing agency industry is increasing, it is need to regulate the legislation to the. He said, legislation should be clearly pointed out that which is lawful act as purchasing agency, which is illegal smuggling, and clearly related processes, give now engaged in overseas purchasing groups more clear guidance.
Swam YunTing said, it is because there is no relevant policies and regulations clearly define the scope of legal act as purchasing agency, so, at present how many engaged in purchasing groups broke the related law, also unknown.
One does not wish to disclose the name of the Shanghai lawyers to business newspaper reporters emphasized, li mou is breaking the "criminal law" on the terms of the smuggling. But in network economy developed, act as purchasing agency is very common today, like li mou such behavior based on the network the diversity of the crime,