Research On Judicial Judgment Of Crime Of Organizing Others To Smuggle Across National(Frontier)Borders

As the last line of defense in social management,judicial adjudication plays an important role in preventing illegal entry and exit.Among the many crimes of illegal entry and exit,the crime of organizing others to cross the border of a country(border)is the most harmful and has the deepest impact.Therefore,it is of great significance to study the judicial adjudication of the crime of organizing others to cross the frontier of a country(frontier).This article first through the judicial judgment documents of the crime of organizing others to cross the border of a country(frontier)understands the general situation of the crime of organizing others to enter or leave the country illegally in our country,the legal application of the judicial judgment of the court to the crime of organizing others to cross the frontier of a country(frontier)and the judgment of the court on the crime of organizing others to cross the frontier of a country(frontier)The problems to be discussed.Then,according to the determination of the crime of organizing others to cross the border,the accomplishment and attempt of the crime of organizing others to cross the border,the number of crimes of organizing others to cross the border and the determination of the principal and accessory offenders in the crime of organizing others to cross the border are discussed from four aspects.In order to study the judicial decision to organize other countries to commit the crime of crossing the border(border).Starting from the constitution of the crime of organizing others to cross the frontier of a country(frontier),the judicial judgment usually explores two aspects to determine whether the defendant constitutes the crime of organizing others to cross the frontier of a country(frontier): the subject of the crime and the act of execution.Then,by discussing the subject of crime and the act of execution,this paper analyses how to identify the crime of organizing others to cross the frontier of a country,and whether the two special forms of behavior,namely,circuitous smuggling and illegal detention after leaving the country,belong to the crime of organizing others to cross the frontier of a country.Finally,how to determine the aggravating circumstances ofthe crime of organizing others to cross the border of a country(border)and the difference between the crime of organizing others to cross the border of a country(border)and other similar crimes are also discussed.Academically,there are four opinions on whether the criminal state of organizing others to enter or leave the country illegally is accomplished or attempted.The four opinions are respectively discussed and evaluated.While endorsing the theory of "stealing success",it also gives corresponding explanations.Finally,it discusses how to determine accomplished and attempted offense under aggravated circumstances.In the process of organizing others for illegal entry and exit,if there are committing other offence,penalties in accordance with the "punishment",or one of the punishment of the crime.By classifying the acts that exist in the process of organizing other people to cross the border of a country(border),this paper analyses the situation from three aspects: personal safety,entry-exit documents and other crimes of smuggling.In addition to the above three questions,the court in organizing others to illegally cross the national border(frontier)environmental crime in judicial adjudication in general but also on principal,accomplice in the crime.First,the difference between the principal offender and the accessory is analyzed theoretically and types.Then,according to these analyses,we get the types of principal offender and accessory in organizing other countries to commit crimes.Finally,the organization also sneak into the country(border)principal and accomplice in the crime of environmental crime is discussed.