Study On Issues Of The Crime Arranging For Another Person To Illegally Cross The National Border (Frontier) In Judicial Practice

Based on the composing elements of the crime arranging for another person to illegally cross the national border (frontier), this paper elaborates the elements, the multiple crime form and the inchoate form of the crime arranging for another person to illegally cross the national border stipulated by article 318 of the criminal law, and its relation and distinction with other related crimes by exploring its historical development.This paper discusses the elements"illegally crossing","making arrangements"and other issues in dispute in judicial practice for the crime arranging for another person to illegally cross the national border (frontier). The author purposes that even if someone crosses the national border at the designated port with legal and validate document, which is also illegally crossing the national border (frontier), and at the same time,"arranging"is substantially the core behavior of the crime arranging for another person to illegally cross the national border (frontier), and therefore this crime could be implemented by an individual person. The general mental state of this crime is intention, while the mental state for the result"causing serious injury or death"is negligence. Whoever, when arranging for another person to illegally cross the national border (frontier), kills or injures the persons for whom he makes arrangements to illegally cross the national border (frontier) or commits other criminal acts against them or the inspectors shall be punished in accordance with the provisions on combined punishment for several crimes, and other criminal acts hereto refer to those conducts which are the same serious as murder and injury. For inchoate form of this crime, if the person hasn't fulfilled the act"making arrangements", the crime should be regarded as attempt, and the serious results or situation should be deemed the accomplished form of this crime. In practice, we should distinguish the crime arranging for another person to illegally cross the national border (frontier) from the crime illegally crossing the national border (frontier), the crime transporting another person to illegally cross the national border (frontier), and the crime fraudulently obtaining certificates for the purpose of helping other persons to illegally cross the national border (frontier).