Study On The Crime Of Swindling Exit Documents

The crime of swindling exit documents is a new kind of crime. In practice there are many disputes about the crime concept, constitution of crime, crime and non-crime, this crime and other crime etc. The author tries to do systematic research on the above problems. I hope to make some contribution to guide the judicial practice of the crime of swindling exit documents. This paper is divided into four chapters.The first chapter is an overview of the crime of swindling exit documents. The author outlines our country and the international entry and exit document system and the concept and history of legislation of the crime of swindling exit documents. First introduce the system of our country and the international travel documents. Pointed out the passport and visa is the main entry and exit document and formed two legal systems passport system and visa regime. Secondly discusses the cheat exit documents the evolution of crime legislation from scratch.The second chapter is about crime constitutes the crime of swindling exit documents. Discusses the object、the objective aspect、the subject、 the subjective aspects of the four elements of the crime of swindling exit documents. First, the content of each constituent elements were elaborated. Secondly, how to correctly understand the Penal Code section 319, "some other guise," "swindle," the criminal means, "to steal" type organization sneak in swindling exit documents behavior and "for organizing others to illegally cross the national border (frontier) use" Elements of property and other issues were discussed.The third chapter discusses the crime or non-crime to swindle exit documents the difference between the crime of swindling exit documents and the Organize others to cross the border (frontier) sin, the sale of exit documents crime. And the difference between crime and crime attempted Accomplished.The fourth chapter is the legislation perfect of crime of swindling exit documents. The section 319 on criminal code in 1997 exits flaw. Such as object of the crime, criminal methods, criminal purpose etc. Recommended that the object of crime by "exit permits" to" exit and entry documents. To cancel the crime provisions. "To organize others to cross the border (frontier)" to "to use for entry and exit". The description of legislation for crime of swindling exit documents is "Resort to deceit, swindling the passport, visa and other exit and entry documents, for others the entry-exit use that will be sentenced three years of fixed-term imprisonment and be fined. In serious cases more than three years of fixed-term imprisonment of ten years and be fined.In the conclusion the author summarizes and reviews the main opinions of the dissertation and also expects the foreground of the research of crime of swindling exit documents.