On The Judicial Determination Of The Crime Of Organizing Others To Smuggle Across The Country(Border)

Organizing others to smuggle across the country(border)crime as a transnational crime,has always been the focus of the criminal law of various countries to combat,China is no exception.However,with the development of the times,new types of smuggling ways continue to emerge,the existing law cannot well regulate all the smuggling behavior,making Article 318 of the Criminal Law in the judicial application of many controversies still exist,to a certain extent,affect the judicial authorities for the accurate handling of such cases.Especially in the critical period of epidemic prevention and control,it is of more practical significance to clarify the criteria for determining this crime.In this thesis,we focus on the judicial determination of the crime of organizing others to sneak across the national border and address the issues of expanding the act of "organizing",determining the "fraudulent exit",the standard of attempt,and the problem of the determination of the relevant criteria for smuggling across the sea.The purpose of this thesis is to analyze and discuss the problem of "organization","fraudulent exit","attempt",and difficult issues related to maritime smuggling,in order to help combat this crime accurately and achieve the unification of legal and practical effects.First,starting from the basic theory,we analyze the criminal composition of the crime of organizing others to smuggle across the national(border)border,and clarify the basic issues of judicial determination of this crime.We also use literature research method and concept analysis method to discuss the relevant theories of judicial determination of this crime,so as to lay a solid theoretical foundation for the subsequent solution of related problems.Secondly,we summarize the relevant data released by the Chinese Judicial Documents Website and the Chinese Immigration Bureau and analyze the current situation of judicial determination.On this basis,we sift through the practical cases on the website of China Judicial Documents to discover the problems related to the crime of organizing others to sneak across the border in real life and extract four main problems: the expansion of the act of "organizing",the determination of "fraudulent exit",the determination of attempt,and the determination of sea smuggling.The problem of attempt and the special problem of application of the crime of smuggling across the country(border)by sea and cite specific practical cases to support each controversy with a realistic basis.Finally,we put forward targeted suggestions on related issues,including clarifying the criteria for determining the act of "organization" in terms of behavioral characteristics,subjective factors,and participation links,and clarifying the nature of "exit by deception" and organizing others to sneak across the border after obtaining exit documents by deception.The criteria for the determination of attempt are clear for both theoretical and practical reasons,and the difficulties in the application of maritime smuggling are improved by giving play to the role of security summons and strengthening the interface between the two judicial interpretations,with a view to effectively punishing and preventing the crime of organizing others to smuggle across the national(border)border in China.