边民非法出入境案件的法律适用问题探讨

A Discussion on Legal Application of Border Areas Inhabitants' Illegal Immigration Cases

边民非法出入境作为边境地区常见问题,其法律适用十分重要。边民出入境在管理、目的、从事活动及活动主体方面存在特殊性,并逐渐形成检查站管点、解放军管线、派出所管面的边境管控模式。在法律适用中,应根据《刑法》《治安管理处罚法》《出境入境管理法》,以及地方边境管理条例、与邻国签订的协议等,坚持过罚相当原则、分清罪与非罪的界限、厘清处罚决定与执行的关系。

A commonly-seen problem on the border areas is the inhabitants＇ illegal immigration, legal application of which is of great importance. The inhabitants＇ immigration is very special in terms of immigration management,objectives, activities and the corresponding mainbodies. A border management and control mode is gradually developed, on the basis of which the border inspection stations focus on points, the PLA focus on lines, and the police stations focus on planes. In legal application, efforts need to be made to adhere to the principle of keeping a balance between negligence and punishment, draw a clear distinction between crime and noncrime, clarify the relations between punishment decisions and execution in accordance with ＂Criminal Law＂, ＂Security Administration Punishment Act＂, and ＂Law on Entry and Exit Administration＂, etc.