一、引言海上走私历来是各国政府不遗余力打击的违法犯罪行为,为此各国都制定了相应的立法,对海上走私进行严厉的制裁。但是由于参与海上走私的违法犯罪主体较为复杂,一部分走私分子还以海上正常航行为掩护,给打击海上走私增加了不小的难度。在已经发生的一些案件中,确也出现一些貌似海上走私实为正常航行 I. Introduction At sea smuggling has always been a crime committed by governments of all countries to spare no efforts in cracking down crimes. Therefore, all countries have enacted corresponding legislation to impose severe sanctions on smuggling at sea. However, due to the complexity of the subjects of illegal and criminal activities involved in smuggling at sea, some smugglers also cover the normal navigation at sea, which increases the difficulty of cracking down on maritime smuggling. In some cases that have taken place, some seemingly smuggling at sea is indeed a normal course of operation