Q: Since cross-border trade is legal, why are people accused of smuggling through cross-border trade?

Q: Since cross-border trade is legal, why are people accused of smuggling through cross-border trade?

Answer: The two main reasons. Firstly, the 1996 "Notice of the State Council on Issues Related to Border Trade" stipulated that mutual trade zones (points) are subject to approval by the governments of border provinces and autonomous regions. Many border provinces and regions have established mutual trade zones (points) driven by internal interests, while customs, as the main regulatory department, is limited by regulations and may not have enough customs personnel stationed in all areas. Therefore, local governments also participate in supervision, resulting in inconsistent enforcement policies. As stated in the article "Border Trade or Smuggling? Anti Smuggling and Poverty Alleviation Tear the Small Town of Guangxi" by Southern Weekend; Relying on organizing border residents to bring goods into the country and then having them purchased by enterprises is not only a common practice in the local area, but also the biggest advantage of attracting investment; The author saw this statement in the verdict of a smuggling case; These trading companies at the Lihuo Port in Guangxi only organize border residents to use the tax-free quota for border residents to transport goods, and the payment for goods is made by real domestic shippers. Border residents near the port make a living by earning transportation fees;.

Secondly, regarding“ Daily necessities; The term is not universally recognized. Customs tend to believe that it is limited to the daily necessities of border residents; Local governments, border residents, and enterprises tend to believe that any goods that are not included in the "List of Imported Goods Not Exempted from Duty for Border Residents" are eligible.

The policies of local governments are also derived from public power, and companies are accused of smuggling crimes because they believe in the policies of local governments, which is the most sympathetic reason for the individuals and companies involved. The author believes that when handling relevant cases, the judicial authorities should fully consider the factors that are likely to occur, and use judicial wisdom and skills to legally and leniently handle the relevant involved enterprises and personnel as much as possible.