运送他人偷越国(边)境罪既遂标准探析

Analysis of Accomplished crime Standard of Transporting other People to cross the Border(frontier)

在妨害国(边)境管理罪这个类罪范畴内,包含了八个具体罪名,其中组织他人偷越国(边)境罪、骗取出境证件罪等七个罪名的犯罪既遂标准在司法实践中较为统一,但是运送他人偷越国(边)境罪作为其中之一,其既遂标准在司法实践中缺乏一个统一的法律依据,很有可能导致不同地区适用法律的不同,从而影响准确量刑,甚至导致腐败现象出现,危害相应主体的权利,损害社会主义法治权威。为此,在一个科学、合理的理论观点下探讨运送他人偷越国(边)境罪的既遂标准,为立法活动和司法实践提供法理支撑就显得尤为必要,从而在此基础上推动立法的完善,进而为司法实践操作提供统一的法律依据和具体的法律标准。

With the deepening development of reform and opening, China's economic and social rapid development, to expand outside of openness and communication, in the environment of globalization, faces many challenges, especially to prejudice the country(border) management order crime has become one of the important issues we have to deal with in the deepening reform and opening. Within the scope of the crime of obstruction of the country in the(border) crime management class contains eight specific offenses, including organizing others to cross country(border) crime, fraud and other crimes for exit, and the seven criminal charges in judicial practice accomplished standards is more unified, but transported others to cross the(border) crime as one of them, the lack of a unified accomplished standard and its legal basis in judicial practice, is likely to lead to the application of different laws in different regions, thus affecting the accuracy of sentencing, even leading to the phenomenon of corruption, jeopardize the rights of the respective subject, undermine the authority of socialist rule. Thus, in a scientific and reasonable theoretical perspectives to explore accomplished standard of shipping others to cross the(border) crime, providing legal support for legislative activities and judicial practice is particularly necessary, so as to promote the improvement of legislation on the basis of and thus provide a unified legal basis for the operation of judicial practice and specific legal standards.