On The Legislative Perfection Of Crime Of Violating The State (Side) In The New Situation

With the development of China’s economy, the international flow of people isbecoming more and more frequent, the activity of interference with country’s borderadministration order is indicating a new trend, all kinds of new criminal methods areemerging constantly and some of them can even not be able to be determined todetailed crime according to the current criminal law. In that case, we can say that thecurrent criminal law is no longer adapted to the new problems and new situationswhich appear in the criminal activities violating the order of border administration.Therefore, it’s necessary to analyze the trend and characteristic of the criminalactivities which violate the order of the country’s border administration and also tocompare the current legislation situation of other countries or areas, thus aiming atfinding out the legislative vacancy and loopholes in the current criminal law and thenproviding several legislative advice to solve it.This first part of the thesis discusses the current situation and development trendof China’s criminal activities which violate the country’s border administration byenumerating historical events and related data, so as to further clarify the newdevelopment trend of criminal activity under new international circumstance.The second part discusses the legislative status of criminal law in the filed ofborder administration, as well as the criminal law of Japan, the United States andTaiwan of China in this field. By comparing the difference in legislative style, design,and law enforcement agencies, value management of China’s crime legislationabout border administration can be found.The third part of this article discusses the legislative defects about the countryborder administration law. Based on the writer’s working experience, the articleanalyzes the legislative defects of three important crime and also the blank fieldswhich are not covered in the current criminal law.The fourth part of the article puts forward legislative advice which aims at improving our crime legislation. There will definitely be a lot of good to build thelegislative department of the Chinese Immigration Act as soon as possible whileintroducing the relevant legislation into it. Meanwhile, amendments of existingcriminal law provisions should be necessary and introduction of new legislative rulesof current blank areas should also be finished.