Compiled from: Legal Yantian, Guangdong Release by China News Service
 
Case review
On February 19, the "Guangdong Police" WeChat public account released a "Situation Notice": Recently, the public security organs of Guangdong Province have continuously and severely cracked down on illegal immigration activities in accordance with the law, successively solving 7 cases involving illegal immigration crimes, arresting 18 criminal suspects who organized and transported illegal immigrants, and notifying local authorities of the relevant illegal immigrants to implement epidemic prevention management measures. For the above-mentioned individuals seized in our province, if they are suspected of committing the crime of organizing and transporting others to illegally cross the national (border) border and the crime of impairing infectious disease prevention, the local public security organs have filed cases for investigation; other illegal border-crossing acts will also be investigated and dealt with.

 
 

Subsequently, multiple places in Guangdong issued reward notices for reporting anti-smuggling and anti-illegal immigration leads. For example, the Public Security Bureau of Daya Bay Economic and Technological Development Zone in Huizhou announced that anyone who reports leads involving participants or perpetrators of illegal immigration or smuggling, or vessels, etc., and the content is verified, each lead (depending on the case) can receive a maximum reward of 500,000 RMB.

 
 

"Criminal Law of the People's Republic of China"
Article 318
Whoever organizes others to illegally cross the national border (frontier) shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years and shall also be fined; under any of the following circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or have property confiscated:
(1) Being the ringleader of a group that organizes others to illegally cross the national border (frontier);
(2) Repeatedly organizing others to illegally cross the national border (frontier) or organizing a large number of persons to do so;
(3) Causing serious injury or death to the organized persons;
(4) Depriving or restricting the personal freedom of the organized persons;
(5) Resisting inspection by means of violence or threats.
(6) where the amount of illegal gains is huge;
(7) where there are other particularly serious circumstances.
 
 

Exit and Entry Administration Law of the People's Republic of China
Article 71
(1) exiting or entering the country with forged, altered, or fraudulently obtained exit-entry documents;
(2) exiting or entering the country by using another person's exit-entry documents.
(3) Evading border exit and entry inspections;
(4) Illegally exiting or entering the country by other means.
According to the law, a fine of not less than 1,000 yuan but not more than 5,000 yuan may still be imposed; if the circumstances are serious, detention of not less than 5 days but not more than 10 days may be imposed, and a fine of not less than 2,000 yuan but not more than 10,000 yuan may also be imposed.

 
 

 
 
[1] The author's perspective
First, based on the above legal provisions, it is clear that individual illegal border crossing is an illegal act but does not necessarily constitute a crime. However, organizing illegal border crossing is a criminal act, where organizing refers to leading, planning, or directing others to illegally cross the border, or under the direction of a principal, engaging in recruiting, enticing, or introducing others to illegally cross the border.
 
Now, with the pandemic ongoing and the entire population in a state of epidemic prevention, illegal border crossing not only endangers national security but also severely disrupts epidemic prevention and control, and even harms economic development and social stability. As individuals, once we become aware of illegal activities such as smuggling or illegal border crossing, we must promptly report them to the public security authorities and must not conceal or shield them, contributing our part to consolidating the hard-won achievements in epidemic prevention and control.
 
Finally, the author reminds everyone that the pandemic is not over yet, and we must not let our guard down. We should cooperate with epidemic prevention measures in accordance with the law and ensure personal safety protection.