Regarding the criminal nature of fraudulently obtaining entry-exit documents by providing forged certification materials,etc.,there exist many issues,such as a confusion between entry-exit documents in administrative law and entry-exit documents in criminal law,and considerable controversy over the identification of selling behavior in the crime of selling entry-exit documents,etc.The stay and residence documents for foreigners stipulated in the Exit-Entry Administration Law are neither the entry-exit documents exemplified in the judicial interpretation,nor can they be classified as"other information that needs to be inspected when entering or exiting"stipulated in the judicial interpretation,so they do not belong to"entry-exit documents"in criminal law.The act of defrauding others to obtain entry-exit documents and then selling the documents shall be deemed as the crime of selling entry-exit documents;the act of defrauding others to obtain exit documents for a fee may be deemed as the crime of defrauding others to obtain exit documents or the illegal act of defrauding others to obtain exit documents.The behavior of defrauding others to obtain entry documents for a fee can only be deemed as an illegal act of defrauding entry documents.The regulation of the act of defrauding entry documents is as necessary as that of the act of defrauding exit documents.The"crime of defrauding exit documents"should be adjusted to the"crime of defrauding entry-exit documents"at the level of criminal legislation,so as to further improve the criminal law protection of entry and exit documents.
关键词
出入境证件/法秩序统一/出售出入境证件罪/骗取出境证件罪
Key words
entry-exit documents/unification of law and order/the crime of selling entry-exit documents/the crime of defrauding exit documents
维普
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