Legal analysis: the conviction standard of the crime of smuggling is fixed-term imprisonment of not more than one year, criminal detention or control, and a fine. However, if it is only an individual's simple smuggling behavior, the behavior is not suspected of a criminal offence, but only a violation of public security. However, if it is organized to steal across the border, it may be suspected of organizing others to steal across the border. Whoever organizes others to cross the country (border) illegally shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years and shall also be fined.

Legal basis: Article 322 of the Criminal Law of the People's Republic of China violates the laws and regulations on the administration of national (border) territory and illegally crosses the national (border) territory. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or public surveillance, and shall also be fined; Whoever steals across the country (border) for the purpose of participating in terrorist organizations, receiving terrorist training or carrying out terrorist activities shall be sentenced to fixed-term imprisonment of not less than one year but not more than three years and shall also be fined.