A Study On Several Issues Concerning Crime Of Organizing Peopleto Illegally Cross The National Border(Frontier)

"Illegal immigration" inherently possesses a two-way characteristic.Whereas developed countries(such as the United States)focus on fighting against illegal entry into its territory,developing countries concentrate on fighting against illegal exit behaviors.The last few years have witnessed an increasing number of illegal entry of expatriates into our country,which reflects the strong "centripetal force" generated by our country towards the residents of neighboring countries.Nevertheless,the crime phenomenon of Chinese citizens illegally exit from our country remains the mainstream of people-smuggler crime due to the disequilibrium of our domestic regional development.Hence,this research will focus on Chinese citizen's illegal exit from our country.The Crime of Organizing Others to Illegally Cross the National Border(Frontier)(hereinafter referred to as this Crime)is the core of China's people-smuggler crime which consists of the Crime of Transporting Others and other related crimes.Even though this Crime is not encountered as frequently as other crimes such as Theft and Fraud,there exists no notion of obscurity crime in criminal law.This Crime's constitutive conduct is the organizational behavior,which relates to the complex entry and exit activities.In recent years,people-smugglers have adopted a pack of indiscoverable ways to organizing people to illegally exit from this country such as roundabout smuggling and defrauding of exit-entry certificates,which has raised new challenges in applying this crime.How to explain and apply this crime has now become an urgent need.Behavior is the core of crime.However,some researchers have not yet noticed this Crime's characteristic of Organizational Crime.This Crime essentially is a typical case of the criminalization of organizational behavior.Failing to perceive this point would absolutely cause cognitive errors when judging issues such as the consummated crime,multiple crime forms.Conducting research on the behavior of this Crime shall be scheduled as a priority.Firstly,understanding the meaning of “Illegally Cross the National Border(Frontier)” is a precondition to study on this Crime's behavior.According to the Law on the Administration of Entry and Exit of PRC,“Illegally Cross the National Border(Frontier)” includes entry and exit without exit-entry certificate;entry and exit using counterfeit,invalid certificate;entry and exit using others certificate;and other illegal immigration behavior.Secondly,according to The Judicial Interpretation on Several Issues Regarding Crimes Against Control of National Border(Frontier),"Organizing People to Illegally Cross the National Border(Frontier)" contained in Article 318 of The Criminal Code refers to the behavior of Leading?planning?directing others to cross the border(frontier)or the behaviors of drawing ? luring ? introducing conducted under the command of ringleaders.It is crucial to distinguish this Crime's Organizational behavior from the organizational conduct of Organization Criminal in joint crime.The former is carried out against stowaways who does not constitute accomplice with the organizer,and the latter is against accomplice of within the same criminal group.Thirdly,although stowaways being organized to illegally cross the national border is the object of this Crime's behavior,it does not mean that this Crime's behavior is composed of Organizational Behavior and stowaway's illegally exit.It is the organizer who is to be punished instead of the stowaways.Hence,it is illogical to regard the fact of whether stowaways have succeeded in crossing the national border(frontier)as the standard of consummated crime herein.After fully understanding the nature and characteristics of this Crime's behavior,it is possible to have an accurate interpretation of the application of this Crime when it comes to matters such as the standard of consummated crime,the multiple crime forms and the applicable boundaries between this Crime and other relevant crimes.Discussions over those topics are also an important research content of this article.