论广西边境地区非法入境犯罪及刑事政策应对

Illegal Immigration in Guangxi Border District and the Criminal Policy

在中国-东盟经济一体化和广西经济社会日趋国际化的背景下,通过实证分析广西边境地区法院近三年的刑事判决,发现外国人非法入境的性质、目的和形式都呈现出新的特征与动向,以防止内地公民非法出境为中心的传统刑事政策已难以适应这一变化,所以建议中国有关国(边)境管理的刑事政策应转向防控外国人非法入境为重点,据此修改相关刑事法律规定,强化跨境执法合作,加强对边境居民的法制教育,充分发挥刑罚效用,从而确保中国出入境管理制度适应国家的国际化发展进程。

In the context of China-ASEAN economic integration and the gradual internationalization of the economy and society of Guangxi,illegal immigration has inevitably become aproblem.Based on an empirical analysis on the criminal judgments made by the local courts in Guangxi border areain recent 3years,this paper shows that illegal immigration has presented some new features and trends in terms of its nature,purpose and methods.However,the current criminal policy of impairing regulations of national boundary still centers on punishing illegal emigration,which makes it difficult for the judicial measures to deal with the new situation of illegal immigrant crimes.Therefore,the criminal policy should accept the new ideaof governing illegal immigration;the relevant criminal laws should accordingly be modified;and the international law enforcement cooperation,the legal publicity and education,as well as the criminal punishment should also be guided by this new ideato ensure the system of entry-exit administration to meet the needs of China＇s internationalization.