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本文从研究偷渡犯罪出发,对偷渡过程中“偷渡客”被劫持的情景,以及“偷渡客”家属被勒索钱财的情况进行了研究。特别从中外比较的视角,以及中荷刑罚的一些个具体规定,将偷渡犯罪同人质劫持犯罪及勒索钱财犯罪联系在一起,以期解决司法中的矛盾与困难和立法中的缺陷与不足。同时提醒相关国家和部门,由于“偷渡客”无合法的地位以及担心受到犯罪人的报复等多种因素,“偷渡客”及其家属虽然受害,但却很少报案。于是在一些国家和部门这类犯罪似乎成为死角,尤其在高利润和不易被发现等因素的驱动下,该种犯罪甚至呈上升趋势,这不能不引起我们的高度重视。
Based on the study of smuggling crime, this paper studies the situation of “illegal immigrants” hijacked in the smuggling process and the extortions of money from the families of “illegal immigrants”. In particular, from the perspective of comparison between China and other countries and some specific provisions of the Sino-Dutch Penalties, the smuggling of criminals will be linked with the crime of hostage-taking and extorting money and money in order to resolve the contradictions and difficulties in judicial administration and the defects and shortcomings in legislation. At the same time, the relevant countries and departments are reminded that due to many factors such as the illegitimate status of “illegal immigrants” and the fear of being retaliated by the perpetrators, “illegal immigrants” and their families rarely report any cases despite their victimization. So in some countries and sectors such crimes seem to be dead ends, especially in the high-profit and not easily found and other factors driven by such crimes even rising trend, which can not but cause us to attach great importance.