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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。
In the category of crimes of obstructing State (border) administration, eight specific crimes were included, of which the standard of accomplices in the crime of organizing the offense of stealing more than one country (border) However, the transfer of others’ crime of stealing across the country (border) is one of them. The standard of its accomplishment lacks a unified legal basis in judicial practice and may lead to the difference of applicable laws in different regions, thus affecting the accuracy of sentencing and even Leading to corruption, jeopardizing the rights of the corresponding subjects and undermining the authority of the socialist legal system. Therefore, under the scientific and reasonable theoretical view, it is necessary to explore the accomplished standard of transporting others to cross country (border) crimes so as to provide legal support for legislative activities and judicial practice, so as to promote the improvement of legislation on this basis , And then provide a unified legal basis and specific legal standards for judicial practice.