Provide a strong protection of the rule of law in order to effectively maintain the management order of the country (border)

Core tips: The Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the National Immigration Administration jointly issued the "Opinions on the punishment of violations of the law in accordance with the law" and The overall requirements, legal applications, and policy grasping are further clarified. It is of great significance to adhere to the punishment of illegal criminal activities to obstruct the management of the country (border) management in accordance with the law, and effectively maintain the order of the country's (border) management order, and provide a strong guarantee for the protection of the rule of law to the outside world.

Author | Li Xu

Responsible editor | Guo Xinlei

There are 1575 words in the text, and it is expected to read 4 minutes

Recently, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the National Immigration Administration jointly issued the "Opinions on the punishment of violations of the law in accordance with the law" (hereinafter referred to as the "Opinions"), and ) The overall requirements of illegal crimes, the application of law, and the grasp of policy grasping are further clarified.

With the continuous deepening of economic and social development and my country's opening up to the outside world, in recent years, the rapid growth of violations of crimes in the management of countries (border) management has been severe, and social harm is serious. In 2021, the procuratorial organs approved the arrest of 7,886 cases of criminal crimes to obstruct the country (border), a year -on -year increase of 116.1%and 94.5%, respectively; 10,586 cases of 10,586 cases were filed, a year -on -year increase of 222.2%and 229.0%. In 2021, the number of cases of obstacles (borders) in the national courts and the number of effective judgments of the effectiveness of the country (border) increased by more than 10 times and 23 times compared with 2012, respectively. Since the occurrence of new crown pneumonia, the "smuggling of the epidemic" has increased the risk of overseas epidemic input, which has brought great adverse effects on the prevention and control of my country's epidemic situation and social stability in the border area. In this context, the Supreme People's Court, together with the Supreme People's Procuratorate, the Ministry of Public Security, and the National Immigration Administration, jointly investigated, extensively solicited opinions, and jointly released the "Opinions" to adhere to the punishment of violations of the law and law of impolite the country (border) in accordance with the law. It is of great significance to ensure that the order of the country (border) management is to provide powerful rule of law to the outside world.

Judging from the practice of the judicial organs, the current management crime of obstructing the country (border) is indeed obviously organized, international, and networked. Criminal activities and other intertwined growth. With the continuous renovation of criminal means, the way of committing crimes is more hidden, and it is difficult to crack down on governance. In this regard, the "Opinions" made targeted provisions, clarifying the criminals of the organization, and transporting others to steal the country (border) in advance. The help of Rongshi, Hidden, etc., to organize others to steal the country (border) of others or transport others to steal the crime of the country (border), strengthen the punishment of common crimes; emphasize severe punishment to organize others to steal the country from the country. (Side) Crime, adhere to the entire chain, full link, and whole process to criminal punishment of the industrial chain that has obstructed the management of the country (border), and improve the precision level of strikes; clearly clarify the provisions of international treaties or through criminal judicial assistance, police, police, police Overseas evidence materials collected by channels such as cooperation can prove the facts of the case and meet the provisions of the Criminal Procedure Law, which can be used as evidence to strengthen law enforcement and international cooperation; requiring to pay attention to the application of property punishment and recovery of criminal income, confiscation of crime tools, etc. Increase the implementation of property punishment, maximize the ability and conditions of criminals to re -crimes, and eliminate the economic foundation of re -crime. These powerful measures will further improve the effectiveness of punishing illegal governance of the country (border) management in accordance with the law.

The apprenticeship is not enough. Recently, the Supreme People's Procuratorate issued 6 typical cases of punishing crimes in accordance with the law and obstructing state (border) management crimes, including 4 stolen Vietnamese national borders and two to transport others to steal the country (border). According to the National Immigration Administration, since the launch of the "Hundred Days of Actions" of public security organs in the country's public security organs, immigration management agencies have cracked 735 cases of criminal management crimes that have obstructed countries (border). In the next step, judicial organs at all levels must fully understand the significance of punishing crimes and obstructing state (border) management crimes in accordance with the law in accordance with the law. Severe punishment in accordance with the law and obstructing the management of the country (border). Strictly handle cases in accordance with the law, accurately grasp the policy requirements of case handling, effectively increase punishment, highlight the strict punishment, and respond to social concerns. Further improve and improve the comprehensive governance mechanism in the field of state (border) management, help relevant administrative management departments strengthen administrative law enforcement and social governance, promote eliminating relevant cross -border crimes to breed soil, and effectively prevent illegal crimes of impolite country (border) management from the source. occur. Strengthen the publicity of law generalities, conscientiously implement the responsibility system for the "who enforce the law and the law", combine the relevant cases of obstructing countries (border) management cases, guide the masses to consciously abide by the exit entry management regulations, and to effectively maintain the order of the country (border) management order and the people of the people Personal property safety has made positive contributions.

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