A Study On The Difficult Cases Concerning The Judicial Application In The Violation Of The Laws Or Regulations On Administration Of The National Borders

With the rapid development of China’s social economy and the increasingly movement of people among other countries(regions),the crime of illegal crossing the country border is showing new changes and trends.Various new means of illegal crossing the border are constantly emerging,which bring out the disputes in the process of understanding and applying the crime by the judicial officials.These controversies also lead to the inconsistent standards in judicial practices which not only are not conducive to the realization of judicial justice,but also greatly undermine the authority of justice.Up to now,there is still less research on this criminal act no matter in theory or practice,and the scope of the study is relatively single and scattered without systematic and comprehensive researching.Therefore,it is necessary to expound the present situation and harm of the crime and theoretically analyzes the core concept of a crime as well as jurisprudence commenting on the difficult cases in the process of juridical practices so as to clarify the thought for the application of law,unify the judicial standard then achieve the organic unity of judicial effect,legal effect and social effect.The first part of the thesis is an introduction stating the current situation of China’s criminal activities and the research status of the crime,including the existing research status,practical problems,the significance of this study and its theoretical and practical value.The second part firstly discusses the current situation and development trend of crime of illegal crossing the national border,and summarizes the harm of this criminal activities in China by listing relevant data.Meanwhile,this paper expounds the legislative status and judicial disputes of the crime,so as to show that China has basically established the criminal and administrative legal system to combat and curb the crime,but there is little research on this criminal activities,which has brought some troubles to handle the cases.The third part mainly studies and analyzes the difficult problems existing the core concept of the cross-border crime.Firstly,combining with the jurisdiction clauses on the entry and exit for Chinese citizens and foreigners in the Law of the People’s Republic of China on the Administration of Exit and Entry of the People’s Republic of China,this paper interprets the connotation of "illegally crossing" from both the concept and the way;secondly,by comparing the views of different scholars on the basis of the interpretation of the concept combining with the actual situation,it is concluded that the concept of "state(frontier)boundary" should include not only the region on both sides of the state(frontier)boundary,but also the state(frontier)border management system,and the specific manifestations of "state(frontier)boundary" should be interpreted from three aspects:the frontier,the sovereign frontier and the non-sovereign frontier,and the suppositional frontier.Finally,after introducing the basic meaning and legal status of "serious circumstances",and combining with relevant judicial interpretations,this paper illustrates the serious violation of the border(frontier).The fourth part puts forward the viewpoints and legal suggestions for the determination of accomplishment and attempt of the crime of transgressing a country(frontier)by combining the concrete forms in judicial practice based on the essential issues and theoretical viewpoints of the criteria for the completion of this crime.The fifth part discriminates the criminal activity of illegal crossing the border from others in the judicial practice,including the illegal circuitous crossing the border as legitimate-looking,moreover defines the illegal crossing the border for private reasons and the identification of the times of this crime.Finally the author puts forward his own solutions through combining with the theoretical analysis of criminal law as well as various scholars’ views.