How does Shenzhen Customs handle water passengers?

"Water passengers" refers to a specific group that takes advantage of the differences in commodity prices and trade controls between the two places to earn "labor fees" and evade customs supervision, and "a small number of times" (commonly known as "ants moving") bring goods and articles under state control or taxable entry. In recent years, the smuggling group of "water passengers" has shown the characteristics of professionalism, organization, specialization and collectivization. Behind the "water passengers", there are often well-organized "water passengers" gangs carefully planned and manipulated. The smuggling of "water passengers" has always been a difficult point in customs supervision and rectification. Shenzhen Customs has been persistently cracking down on and rectifying the smuggling activities of "water passengers", which has well curbed the smuggling momentum of "water passengers". However, influenced by multiple factors such as special geographical location, driven by economic interests and low illegal cost, the smuggling of "water passengers" has been difficult to eradicate and has been repeatedly fought.

On May 65, 201/KLOC-0, the Criminal Law Amendment (VIII) was formally implemented, which greatly revised the provisions of the crime of smuggling in the criminal law, especially stipulating that the crime of smuggling ordinary goods and articles should be regarded as the "starting point" for evading the taxable amount of 50,000 yuan, and the act of smuggling again after being given the second administrative punishment for smuggling within one year is defined as a crime. This is the characteristic of "small amount, repeated actions and evading criminal responsibility" in China's criminal legislation against smuggling "water passengers" and "ants moving", which provides strong legal support for the customs to crack down on "water passengers" by criminal means and has positive significance for the customs to break through the difficulties in the management of "water passengers" for many years.

Five aspects, strengthen the fight against governance.

Against the background of the implementation of the Criminal Law Amendment (VIII), Shenzhen Customs has continuously expanded its thinking in view of the smuggling situation and difficulties of "water passengers" in customs areas, focusing on five aspects: "investigation, crackdown, customs clearance, governance and publicity":

(A) highlight the "checks" to improve the efficiency of positive supervision. On 20 1 1 year, the customs formulated and promulgated the decision on further strengthening the supervision of luggage and articles of inbound and outbound passengers, and comprehensively strengthened the supervision of travel inspection in customs areas. At the same time, we will focus on strengthening customs supervision from four aspects: First, we will further strengthen on-site inspection. On the one hand, improve the utilization efficiency of scientific and technological equipment such as "X-ray machine", security gate and metal detector at the travel inspection site, and implement "100% security gate passing through the gate" for customs clearance passengers and "100% over-the-counter inspection" for luggage; On the other hand, increase the intensity of sampling inspection, and improve the inspection effect and seizure rate through re-inspection and mobile investigation. The second is to further optimize the layout of supervision sites. In view of the characteristics of large width, narrow depth and short customs clearance time, the site layout has been continuously improved and optimized, such as changing the original straight passage at Luohu Port into a circuitous horizontal passage, extending the supervision distance of the passage from the original 20 meters to more than 40 meters, expanding the supervision time and space. At the same time, coordinate with the border inspection department to explore the classification and diversion of passengers who travel multiple times a day to facilitate targeted inspection; The third is to strengthen the smuggling risk analysis of "water passengers" in the customs area. Summarize the risk factors such as "key passengers, key time, key goods, and ways of hiding private goods", form early warning information of regulatory risks, and promptly prompt the on-site regulatory authorities. For example, since the beginning of this year, early warning information has been continuously issued for high-risk smuggled goods such as Apple's iPhone4S mobile phone and new iPad tablet computer.1-In February, 3,675 iPhone 4S series mobile phones illegally carried by passengers were seized. Since the new iPad was first listed in Hong Kong and other places on March 6th, a total of 199 boxes were seized, and 484 new iPads were carried by passengers. At the same time, make full use of passenger clearance risk management system and passenger vehicle management system to compare and screen passenger clearance data, establish a number of key "water passengers" information databases that have been active in Shenzhen and Hong Kong for a long time, monitor and collect the dynamics of "water passengers" through multiple channels, and provide a list of key "water passengers" to the on-site inspection department to achieve "targeted"; The fourth is to strengthen the linkage between on-site customs officers and anti-smuggling police. Anti-smuggling police directly stationed in the inspection site to assist in supervision, and accepted cases, fixed evidence, simple handling of cases. At the same time, the awareness and level of collecting and fixing evidence at the first time will be improved through follow-up work, business training and regular business meetings. For example, it is clear that any "water passenger" who has obvious subjective and intentional smuggling behaviors such as tying and hiding, or has a record of customs administrative punishment and similar goods are returned, will be directly handed over to the anti-smuggling department for handling after being seized on the spot, thus improving the quality and efficiency of handling "water passenger" cases.

(2) Give prominence to "fighting" and improve the efficiency of criminal law enforcement. First, give play to the leading role of anti-smuggling intelligence, focusing on cracking down on smuggling by "water passengers" gangs. Collect and manage the smuggling activities of "water passengers" at key ports, control the source of smuggling in conjunction with Hong Kong Customs and the police, secretly track and take photos of the smuggling activities of "water passengers", find out the receiving dens, membership structure and activity rules of smuggling gangs, and obtain fixed evidence such as video materials of water passengers' customs clearance, so as to effectively control the smuggling dynamics of "water passengers". The second is to organize special crackdowns in due course. Since 20 1 1, we have conducted more than 100 special surveys on "water passengers". For example, on March 26th this year, under the coordination of the Anti-smuggling Bureau of the General Administration of Customs and the Anti-smuggling Bureau of the Guangdong Branch of the General Administration of Customs, and with the cooperation of the Shenzhen public and the armed police force on duty, our customs launched a large-scale investigation operation of "National Shield" GS0/KLOC-0, destroying an IPhone4S mobile phone company specializing in purchasing in Hong Kong, smuggling, subcontracting, domestic receipt and online sales. 13 In the early morning of April, with the cooperation of the Shenzhen public, China Customs organized the "Guo Dun" GS02 operation, which destroyed a "water passenger" smuggling projector network, destroyed six smuggling gangs and arrested 27 people involved. The preliminary estimate is that the case value is over 100 million yuan. Third, make full use of the Eighth Amendment to the Criminal Law and increase the criminal punishment for repeated smuggling. Since our bureau filed the first case of "three smuggling acts constitute a crime in one year" on July 8 last year, up to now, 39 criminal cases have been filed (including 2 1 this year), and 7 cases that have been decided by the court are guilty. In February this year, Huang, the person involved in the first case in Shenzhen, was sentenced to fixed-term imprisonment by the Shenzhen People's Court.

(three) highlight the "clean" and purify the law enforcement environment. In view of the fact that violent resistance at the scene of travel inspection in the customs area often hinders customs staff from performing their duties, we have studied and formulated three working guidelines: Working Guidelines for Anti-smuggling Department of Shenzhen Customs to Deal with Violent Anti-law Acts at the scene of travel inspection according to law; Working Guidelines for Shenzhen Customs to Deal with Cases that Fail to Accept Customs Inspection as required and Hinder Customs Law Enforcement; and Operating Rules for Anti-smuggling Department of Shenzhen Customs to Exercise the Right of Public Security Punishment. On the basis of previous pilot projects, the joint inspection system will be implemented at key ports such as Luohu, Huanggang and Shatoujiao. Customs officers on duty, anti-smuggling police and armed police form a joint full-time patrol duty team to carry out clean-up inspection at various tourist inspection points, prevent and deal with acts such as "water passengers" making trouble and violently resisting the law, and clean up "water watchers" and lookouts in the supervision area. It has formed a powerful momentum to crack down on violence and resist the law, effectively deterring smuggling criminals such as "water passengers" and maintaining the normal customs clearance order at ports.

(4) Highlight "governance" and cut off the network and remove the chain. One is to control the source of smuggling. Strengthen contact and cooperation with Hong Kong Customs, use the information provided by Hong Kong to control and operate behind-the-scenes organizers and key suspects, and implement precision strikes. The "water passengers" gang destroyed this year has a positive connection with Hong Kong. Second, strengthen port cleaning and market cleaning in conjunction with relevant departments. At key ports such as Luohu and Shatoujiao, our customs has taken the initiative to cooperate with the port office, anti-smuggling office, market supervision bureau and other departments to carry out inspection and prevention around the port, eliminate and investigate the delivery activities of "water passengers" around the port, check the receiving points, delivery points and private goods warehouses in the circulation field, and strive to "destroy the network and remove the chain" and "cut the head and tail" in the smuggling link. Since the beginning of this year alone, nearly 100 "end-of-nest operations" have been organized to crack down on the smuggling of electronic "water passengers" with great social repercussions, and nearly 80 cases of various types have been seized (including 4 criminal cases), and a batch of various electronic products such as mobile phones, tablet computers and cameras with a value of more than 26 million yuan and a tax-related amount of more than 2.8 million yuan have been seized on the spot.

(5) Highlight "propaganda" and strengthen anti-smuggling social propaganda. On the one hand, we carry out legal publicity activities on laws and regulations of travel inspection and combating smuggling at the scene of travel inspection, and educate passengers to know the law and abide by the law, resist smuggling, and understand and support the customs anti-smuggling work by issuing legal leaflets, on-site bulletin boards and media announcements. For example, before and after the formal implementation of the Criminal Law Amendment (VIII) last year, the customs vigorously publicized the legal provisions such as "smuggling three times in a year constitutes a crime" and "not just being convicted by quantity", highlighting the legal responsibilities that smuggling illegal and criminal acts need to bear, and better playing the role of preventing legal crimes. Within 1 month after the implementation of the Criminal Law Amendment (VIII), the smuggling cases detected by the tourist inspection channel in the customs area decreased by nearly 70% year-on-year and 40% quarter-on-quarter. This year, China Customs also widely publicized through the media and bulletin boards that "passengers need to declare when bringing new iPad into the country". On the other hand, extensive and in-depth publicity is carried out with the help of news media. Further strengthen communication with the news media. After the "Guo Dun" campaign started this year, a press conference was held on February 27th to inform the media, which was welcomed and supported by the media. At the same time, the press conference, the handover ceremony of confiscated smuggled cultural relics, special actions and other opportunities were used to invite the media to focus on special on-site interviews and vigorously publicize the determination and effectiveness of the customs in cracking down on smuggling activities. Since the beginning of this year, the customs has published more than 400 articles (times) in various news media, which has created a good momentum and atmosphere and expanded the deterrent to smuggling activities.

Characteristics of current smuggling activities of "water passengers"

Due to the legal shock of "repeated smuggling of a small amount can be investigated for criminal responsibility", the smuggling cases in the tourist inspection channel in Shenzhen customs area decreased year-on-year. According to statistics, as of April 9 this year, Shenzhen Customs District has seized 8,472 smuggling cases through the travel inspection channel, down 20% year-on-year. * * * 39 cases of "three smuggling crimes a year" were filed (including 2 1 case since 20 12). Judging from the cases seized and the information available, the current smuggling activities of "water passengers" have the following characteristics that deserve attention:

First, the mobility of members of the "water passengers" smuggling gang has increased, and new faces of the gang have increased. It is understood that most "water passengers" leaders no longer deliver goods to old "water passengers" with criminal records, and use newspapers and websites to publish recruitment information to recruit "new people" to reduce the risk of being caught and avoid "smuggling three times a year is a crime". At the same time, there is an increasing trend of "water passengers" from the mainland. In this year's case, 50% of the "water tourists" from the mainland hold the Hong Kong and Macao Pass, while in 20 1 1, the number of such "water tourists" is only 12%. With the implementation of the policy of "one sign for many lines", this kind of "water passengers" has a trend of increasing gradually.

Second, the proportion of people over 75 years old used for smuggling has increased. The "water passengers" gangs use the provisions in the Criminal Law Amendment (VIII) that "crimes committed by the elderly should be dealt with leniently" and "those who are under 18 years old, pregnant women and those who have reached the age of 75 should be suspended" to organize elderly people to sneak into the country, so as to avoid criminal attacks or reduce the degree of criminal punishment and reduce the illegal cost. Since 2011may, 32 cases of smuggling of elderly people over 75 years old have been seized at Luohu port alone, up 18.5% year-on-year. In addition, 22 cases of smuggling minors under the age of 16 were found, up by 15.8% year-on-year, which also needs attention.

Third, the number of items involved in a single case decreased, and the average case value dropped significantly. Taking May of 201/kloc-0 as an example, the average value of cases seized was about 23,600 yuan, which was 24.8% lower than that in April of the same year, among which 232 cases were less than 20,000 yuan, accounting for 7 1.2% of the total smuggling cases. At the same time, the hot spots of smuggling are tablet computers, mobile phones and digital cameras.

Fourth, there are various ways for "water passengers" to sneak. Goods hiding and personal binding are still the main smuggling methods of "water passengers", but there are also new changes in hiding methods, such as mixing electronic products with ordinary daily necessities to avoid inspection by X-ray baggage machines; Articles with less metal components such as memory cards and IC components are hidden in close-fitting clothes, and there is no alarm after inspection by security doors; Or use seafood as a cover, carry a mobile phone and avoid investigation.

Fifth, the "three smuggling crimes in one year" personnel engaged in "water passengers" smuggling again after they were released from prison. On March 22 this year, I closed the case and handled the first administrative punishment case of smuggling again by a released prisoner who "smuggled three times to constitute a crime". The client thinks that the criminal record has been cleared after he is released from prison, and he will not face the consequences of criminal sanctions if he smuggles again, so he smuggles again with luck. The client has a strong dependence on being a "water passenger" to make a living, which affects the power of the Eighth Amendment to the Criminal Law.

According to the Customs, in view of the new situation of the smuggling of "water passengers" in the customs area, our customs will continue to intensify the crackdown and rectification according to the requirements of the "Guo Dun" special action deployed by the General Administration of Customs, and continue to crack down on the smuggling activities of "water passengers" ants to further standardize the entry and exit order.