On The Anti-Terrorism Function Of Exit And Entry Frontier Inspection Organ

With the rising risk of terrorism in China,violent terrorist incidents occur frequently,which poses a great threat to people's life and property security and national security and stability.Among the law enforcement organs and administrative units stationed at the national ports,the exit and entry frontier inspection organs are the only Foreign-related Administrative law enforcement organs with armed nature,shouldering the important task of safeguarding the security and stability of the ports at the national ports.Therefore,preventing,suppressing and combating terrorist and violent criminal activities and maintaining the normal order of ports are not only the legal responsibilities of exit and entry frontier inspection organs,but also one of the concrete manifestations of the important political and social responsibilities of exit and entry frontier inspection organs.It is also the inevitable requirement of the nature and tasks of exit and entry frontier inspection organs.Due to the complex geographical environment of our country,the complexity of exit and entry frontier inspection at our ports is constantly increasing.With the continuous development of China's national strength,the total number of exit and entry personnel checked by Exit and entry frontier inspection organs has doubled every year,and the exit and entry frontier inspection organs are under great pressure to increase their tasks.Domestic anti-terrorism struggle has begun the process of normalization.International terrorist forces collude with domestic separatists,and foreign hostile forces hold double standards on the issue of anti-terrorism.They try to take the opportunity to suppress it.As a result,our national,religious and territorial problems are intertwined with foreign terrorism and the game of big powers,which makes the whole country complete.The exit and entry frontier inspection organs at national ports have always been on high alert.At present,the"East Turkistan" terrorist forces in China are in collusion with the international terrorist forces,which brings unprecedented challenges to the law enforcement of entry frontier inspection organs.New changes have taken place in the anti-terrorism struggle at ports,mainly reflected in the following aspects:strengthening links and collusion between domestic and foreign terrorists;actively promoting pilgrimage personnel outside China.To infiltrate;to flee overseas by means of "Ijilat";to change identity or to use "bleached" documents to cross-border flow.With the promulgation of the Amendments to the Exit and Entry Administration Law,the Anti-terrorism Law and the Criminal Law,China's current laws have made clear the anti-terrorism functions of the entry and exit frontier inspection organs and put forward new requirements.The exit and entry frontier inspection organ is an armed force set up by the state at the port and a barrier to safeguard the security of the countiy.Therefore,the exit and entry frontier inspection organ has its own particularity in its functions.It not only has the functions of inspection,management,vigilance,maintenance of order,administrative licensing and administrative punishment of the general public security organ,but also has the functions of inspection,management,warning,maintenance of order,administrative licensing and administrative punishment.It has the particularity of foreign-related and ports.It also has the functions of guardianship,detention,collection,order maintenance,formalities,non-entry and exit,and anti-terrorism.The anti-terrorism function of exit and entry frontier inspection organs is closely related to other functions,and is the basis for the exercise of anti-terrorism functions.Due to the different responsibilities and division of labor,the anti-terrorism functions of exit and entry frontier inspection organ are not only related to the anti-terrorism functions of customs and public security organ,but also quite different.The Customs mainly inspects the luggage and articles of suspected persons and assumes the duty of assistant inspection within the scope of its duties.Exit and entry frontier inspection organs are an important part of public security organs.When violent terrorist incidents occur at ports,they should be handed over to public security organs first and then handed over.If major violent terrorist incidents occur,the anti-terrorism professional forces of public security organs can be disposed of as reinforcement forces,and the exit and entry frontier inspection organs can cooperate.With the increasing complexity and severity of the anti-terrorism situation,the anti-terrorism functions of the exit and entry frontier inspection organs are more prominent.It is of realistic necessity and urgency to endow the exit and entry frontier inspection organs with eomprehensive and complete anti-terrorism functions.In recent years,China's exit and entry frontier inspection organs have captured key terrorism-related personnel and uncovered cases of terrorism through port border inspection,border inspection,biological information comparison,large data analysis and application.The exit and entry frontier inspection organs have played an important role in the national anti-terrorism work.But in practice,it also exposes the deficiencies of the anti-terrorism function of the exit and entry frontier inspection organs,which restricts the performance of the anti-terrorism function to a certain extent Therefore,it is particularly urgent to improve and redesign the anti-terrorism function of the exit and entry frontier inspection organs in China.Combining with some problems exposed in law enforcement practice,this paper summarizes and analyses the deficiencies of anti-terrorism functions of exit and entry frontier inspection organs.The main problems are as follows:1.The current immigration management system leads to the cross-decentralization of anti-terrorism functions,the disunity of certificate issuing organs,the "coexistence of pieces" organizational structure,and the lack of centralization of central powers.As a result,the functions of anti-terrorism are cross-dispersed,which provides an opportunity for terrorists to change their identities and deceive their entry and exit documents to a certain extent.2.The functions of entry and exit frontier inspection organs for foreigners in China are lacking,and there are loopholes in the management of foreigners after entry,relying solely on local public security organs for accommodation registration management and investigation.Examining the documents carried by foreigners during their stay in China will not effectively grasp the specifie trends of entry aliens and is not conducive to safeguarding national security;3.There is no criminal investigation right in the anti-terrorism functions of exit and entry frontier inspection organs,which is not conducive to digging clues and combating terrorism;4.The number of anti-terrorism activities of exit and entiy frontier inspection organs.According to the imperfect mechanism of analysis and intelligence research and judgment,there is a situation that each province is fighting alone,and its scope is limited to the ports under its jurisdiction or the ports under its jurisdiction,which is not nationwide and large-scale;5.There is no unified and complete legal norms on immigration and anti-terrorism,and the anti-terrorism function of exit and entry frontier inspection organs is incompatible with the legal provisions on combating terrorism.For example,the Criminal Law and the Law on the Administration of Exit and Entry both stipulate the system of expulsion,but the Law on the Administration of Exit and Entry clearly stipulates the period of non-entry after expulsion,while the Criminal Law does not stipulate this and so on.By analyzing the anti-terrorism functions of immigration management organs in the United States,Germany,Britain,Korea,Japan and other Western countries,this paper summarizes the Enlightenment of constructing the anti-terrorism functions of exit and entry frontier inspection organs in China,and puts forward the ideas of improving the anti-terrorism functions of exit and entry frontier inspection organs in China:1.Re-integration of immigration of exit and entry frontier inspection organs.Management authority;2.Improve the entry examination and early warning mechanism for foreigners in China;3.Give exit and entry frontier inspection organs criminal investigation power;4.Strengthen the anti-terrorism data verification and early warning mechanism of exit and entry frontier inspection organs;5.Improve the supporting legal provisions of anti-terrorism functions.In a word,the National Immigration Administration has been formally established in 2018,and the state will pay more and more attention to immigration and exit and entry management.The special and important functions and roles of exit and entry frontier inspection organs in the national anti-terrorism strategy will become more prominent.National border inspection organs at entry and exit must base themselves on ports and face the international situation,comprehensively strengthen anti-terrorism awareness and thinking,give full play to the advantages of inspection and blocking resources of border inspection organs at entry and exit,strengthen the detection and disposal capabilities of border inspection policemen in anti-terrorism work,and strive to build a more efficient anti-terrorism working mechanism.Only in this way can we give full play to its important position and role in combating terrorism,effectively crack down on illegal exit and entry activities and safeguard national security and social stability.