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Retailers sentenced for skirting import tax (2)

By Wang Zhenghua in Shanghai  (China Daily)

10:14, February 27, 2013

Liu evaded 99,000 yuan in taxes and Fan 80,000 yuan, according to the court, which took into account the smugglers' attitude, confession to the court and the nature of their crimes when determining the sentence. Both women said they would not appeal their sentences.

Zhang Yan, a lawyer who represented the former flight attendant Li, said on Tuesday that the Shanghai court's decision is more objective and fair than in his client's case.

"In the Shanghai case, it is quite clear that the two suspects were caught crossing the line, and the court handed down the judgment based on what police found," said Zhang, who works for Beijing-based Yida Law Firm.

But the 11-year prison term for his client Li, 30, is partly based on Li's confession of the total amount of goods she smuggled in that period, not on what police caught her doing.

"That's very controversial," Zhang said.

Zhang said courts must be consistent in their sentencing because there cannot be a situation where a few people can be convicted while the majority of smugglers are given administrative penalties.

"When law enforcement is not universal, all you can do is pray criminal charges won't be laid against you," he added.

You Yunting, a partner at Debund Law Offices in Shanghai, said on Tuesday that the popularity of overseas purchases reflects China's duty import costs, which are higher than the world average, especially on cosmetics. You said lawmakers should review whether the cost is too high.

He also called for overseas producers not to use differentiated pricing methods to sell their products at a higher price in China than in their home countries.

"Both of those can be called systematic loopholes that need time to mend," he said. "But in the short term, purchasing agents should stop their illegal services because the sentences in Beijing and Shanghai show the country is taking notice and is serious about tackling the offense."

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