Legal analysis: If the circumstances of smuggling are minor, it is the first time that an individual is smuggled and sent back to China alone, it will not constitute a criminal offence, but there will be administrative penalties for public security. If the smuggling is serious or the organizer, it may constitute a criminal offence and may go to jail. For a country, smuggling affects the normal personnel exchanges between countries, reduces visa income, disrupts border management and security, and then brings hidden dangers to the whole national security. For individuals, it violates the border management regulations, increases the risk factor, and their personal safety cannot be guaranteed.

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. Article 318 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; Under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or confiscated: (1) the ringleader of a group that organizes others to sneak across the country (border); (2) Organizing others to cross the country (border) for many times or organizing others to cross the country (border) with a large number of people; (3) Causing serious injury or death to the organized person; (4) depriving or restricting the personal freedom of the organized person; (5) resisting inspection by violence or threat; (six) the amount of illegal income is huge; (seven) there are other particularly serious circumstances. Whoever commits the crime mentioned in the preceding paragraph and commits such criminal acts as killing, injuring, raping, abducting and selling the organized person, or killing or injuring the inspectors, shall be punished in accordance with the provisions on combined punishment for several crimes.