The Research On The Crime Of Organising Others To Trespass The Territorial Boundaries

As a transnational and cross-border crime,the crime of smuggl ing seriously violates the order of national(border)management an d destroys the normal communication between countries.With the r apid development of China's economy and the increasing frequency of foreign exchanges,the emerging new ways of smuggling tend to be collectivized and professionalized,which leads to the increasingly prominent lag of traditional laws.It can be seen from the legislativ e process of obstructing national(border)crimes that China has bee n severely cracking down on the crime of organising others to tres pass the territorial boundaries.However,with the constant change o f social situation,article 318 of the criminal law still has some def iciencies injudicial application,which to some extent affects the accurate treatment of such cases by judicial authorities.This paper focus es on the crime of organising others to trespass the territorial boun daries,and makes further analysis and discussion on such difficult problems as the standard crime,criminal responsibility and so on.It is helpful to precisely obstruct the crime of smuggling,so as to co rrectly apply the crime penalty,give full play to the penalty effect,and realize the legal effectand social effect.The main structure of this paper is divided into three chapters:Chapter one studies and discusses the crime of organising other s to trespass the territorial boundaries.The execution of this crime consists of the organizational act and the act of sneaking across the country(border).Based on the connotation of organizational behavio r as well as clarification of the differences between organizational b ehavior and organizational offense,the passage aims to determine th e specific organizational behavior to avoid the judicial practice into the dilemma of expanding understanding,according to the behavior characteristics ofthe subjective factors of social risk and other factor s.Sneaking across the border is the premise of this crime and the essence of identity fraud is essentially sneaking across the border.T his has not onlybeen examined from the perspective of criminal law hermeneutics,but also conforms to the position of judicial authoritie s.The second chapter summarizes and analyzes the accomplishedcrime standard and crime number form of trespassing the territorial boundaries.There are four theories on the criterion of accomplishm ent of this crime.On the basis of in-depth analysis of the theoretic al distinction standard and the judicial practice,the author suggests that the accomplished standard of organising others to trespass the t erritorial boundaries crime should be determined.Other crimes close ly related to this crime are easily confused,especially the number o f crimes when the crime of trespassing the territorial boundaries is interwoven with the similar crime.There are three cases: the perpet rator has both organizational behavior and sneaking behavior,the or ganizational behavior in the mode of fraudulent exit and the organi zation and transportation of the same group of persons to illegallycr oss the national border.After mastering the basic principles of crim inal law,the above contents should be analyzed in detail and the c orresponding conclusions should be drawn.Chapter three discusses and judges the criminal responsibility of trespassing the territorial boundaries.As for the identification of the aggravating circumstances of this crime,the key point of determining the number of times of organization is that the perpetrator's criminal behavior is independent of time and space.In view of the specific situation of practice,we need to consider further detailing the existing provisions on the number of people to be organized in the interpretation.The case of the death caused by the organizer's serious injury due to the execution of this crime belongs to the consequential aggravated offense,and the subjective condition of its establishment can only be negligence.Resisting the test with the threat of violence requires serious injury or homicide.Based on the distinction of principal accomplice of this crime and comprehension of the standard of criminal law division of principal accomplice of this crime,this paper would discuss the determination of the principal and secondary roles of this crime,and purport the direction of reformation in combination with judicial practice.It is necessary to recognize the hierarchy and relativity of the accomplice of the crime of joint smuggling and to judge the role of the accomplice of the crime step by step.