Article 318 of the People’s Republic of China Criminal Law: Whoever makes arrangements for another person 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; if he falls under any of the following categories, he shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or be sentenced to confiscation of property:

(1) being a ringleader of a group that makes arrangements for other persons to illegally cross the national border (frontier);

(2) repeatedly making arrangements for other persons to illegally cross the national border (frontier), or making arrangements for a large number of persons to do so;

(3) causing serious injury or death to the persons for whom he makes arrangements to illegally cross the national border (frontier);

(4) depriving or restricting personal freedom of the persons for whom he makes arrangements to illegally cross the national border (frontier);

(5) resisting inspection by means of violence or threat;

(6) the sum of illegal earnings being huge; or

(7) other especially serious circumstances being involved.

Whoever, in addition to the crime mentioned in the preceding paragraph, kills, injures, rapes, or abducts and sells the persons for whom he makes arrangements to illegally cross the national border (frontier) or commits other criminal acts against them or kills, injures or commits other criminal acts against the inspectors shall be punished in accordance with the provisions on combined punishment for several crimes.

Article 321 of the People’s Republic of China Criminal Law: Whoever transports another person to illegally cross the national border (frontier) shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance and shall also be fined; if he falls under any of the following categories, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined:

(1) repeatedly transporting persons to illegally cross the national border (frontier), or transporting a large number of persons;

(2) the vessels, vehicles or other means of transportation employed not meeting the necessary safety conditions to such an extent that it would cause serious consequences;

(3) the sum of illegal earnings being huge; or

(4) other especially serious circumstances being involved.

Whoever in transporting other persons to illegally cross the national border (frontier) causes serious injury or death to the persons being transported or resists inspection by means of violence or threat shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined.

Whoever, in addition to any of the crimes mentioned in the preceding two paragraphs, kills, injures, rapes, or abducts and sells the persons being transported or commits other criminal acts against them or kills, injures or commits other criminal acts against the inspectors shall be punished in accordance with the provisions on combined punishment for several crimes.

Article 1 of Supplementary Decisions Enacted by the Standing Committee of the National People’s Congress Regarding the Punishment of Criminals Who Make Arrangements and Provide Means of Transport for Other Persons to Illegally Cross the National Border (Frontier): Whoever makes arrangements for another person 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; if he/she falls under any of the following categories, he/she shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or be sentenced to confiscation of property:

(1) being a ringleader of a group that makes arrangements for other persons to illegally cross the national border (frontier);

(2) repeatedly making arrangements for other persons to illegally cross the national border (frontier), or making arrangements for a large number of persons to do so;

(3) causing serious injury or death to the persons for whom he makes arrangements to illegally cross the national border (frontier);

(4) depriving or restricting personal freedom of the persons for whom he makes arrangements to illegally cross the national border (frontier);

(5) resisting inspection by means of violence or threat;

(6) the sum of illegal earnings being huge; or

(7) other especially serious circumstances being involved.

Whoever kills, injures, rapes, or abducts and sells the persons for whom he makes arrangements to illegally cross the national border (frontier) or commits other criminal acts against them or kills, injures or commits other criminal acts against the inspectors may be sentenced to death.

Article 4 of Supplementary Decisions Enacted by the Standing Committee of the National People’s Congress Regarding the Punishment of Criminals Who Make Arrangements and Provide Means of Transport for Other Persons to Illegally Cross the National Border (Frontier):   Whoever transports another person to illegally cross the national border (frontier) shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance and shall also be fined; if he falls under any of the following categories, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined:

(1) repeatedly transporting persons to illegally cross the national border (frontier), or transporting a large number of persons;

(2) the vessels, vehicles or other means of transportation employed not meeting the necessary safety conditions to such an extent that it would cause serious consequences;

(3) the sum of illegal earnings being huge; or

(4) other especially serious circumstances being involved.

Whoever in transporting other persons to illegally cross the national border (frontier) causes serious injury or death to the persons being transported or resists inspection by means of violence or threat shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined.

Whoever, in addition to any of the crimes mentioned in the preceding two paragraphs, kills, injures, rapes, or abducts and sells the persons being transported or commits other criminal acts against them or kills, injures or commits other criminal acts against the inspectors may be sentenced to death.

If the circumstances are not serious and do not ask for criminal punishment, the person who transports other persons in their act of illegally crossing the national border (frontier) shall be detained by the public security organ for not longer than 15 days and shall also be fined not less than 5000 yuan RMB but not more than 50000 yuan RMB.

Article 6 of Supplementary Decisions Enacted by the Standing Committee of the National People’s Congress Regarding the Punishment of Criminals Who Make Arrangements and Provide Means of Transport for Other Persons to Illegally Cross the National Border (Frontier): Offenders of the following categories shall be sentenced to fixed-term imprisonment of not longer than 3 years, or criminal detention, or public surveillance, and in serious cases, shall be sentenced to fixed-term imprisonment of not shorter than 3 years and not longer than 10 years: state employers in charge of issuing passports, visas and other entry/exit documents who know that the applicants intend to illegally cross the national border (frontier) but issue the documents to them; border check post and customs officials who know that the persons in question intend to illegally cross the national border (frontier) but let them pass the check point.

Those who commit the above-mentioned crimes in collaboration with criminal elements who make arrangements and provide means of transport for other persons to illegally cross the national border (frontier) shall be punished in accordance with provisions in Articles 1 and 4 of the present Decisions.

Article 7 of Supplementary Decisions Enacted by the Standing Committee of the National People’s Congress Regarding the Punishment of Criminals Who Make Arrangements and Provide Means of Transport for Other Persons to Illegally Cross the National Border (Frontier):  Illegal earnings from committing the crimes described in these Decisions, means of transport and instruments of telecommunications or other property or things used by the criminals, whether owned by themselves or by other persons who know the criminals’ intentions but nevertheless lend them these means and instruments, shall be confiscated.

Article 33 of Regulations of the People’s Republic of China Regarding Frontier Inspection: Whoever assists other persons in illegally entering or exiting China, but the circumstances are not serious enough to constitute crimes, shall be fined not less than 2000 yuan but not more than 10000 yuan RMB. Their illegal earnings shall be confiscated.

Article 36 of Regulations of the People’s Republic of China Regarding Frontier Inspection:  Whoever in charge of a means of transport which enters or exits China carrying personnel who are not allowed to do so, or illegally cross the national border (frontier), or do not hold valid entry/exit documents shall be fined not less than 5000 yuan but not more than 10000 yuan RMB for each person he/she transports.

Article 11 of Rules Governing the Implementation of the Law of the People’s Republic of China on Entry and Exit of Aliens: When a foreign aircraft or vessel arrives at a Chinese port, the person in charge shall fulfill the following obligations:

1)        The captain or his/her agent must submit lists of the crew members and passengers to the border check post;

2)        Report, immediately upon discovery, cases of persons aboard attempting to illegally cross China’s borders to the border check post for action;

3)        See to it that persons not permitted to enter China leave on the original means of transport and that the expenses during the stay in China of persons who cannot leave on the original means of transport and that the expenses during the stay in China of persons who cannot promptly leave the country through force majeure are covered along with their travel expenses for departure.

Article 41 of Rules Governing the Implementation of the Law of the People’s Republic of China on Entry and Exit of Aliens: A person in charge of a means of transport or his /her agent who refuses to bear responsibility in contravention of the provisions of Article 11 of the present Rules may be fined from 1,000 to 10,000 yuan or detained from 3 to 10 days.

Article 49 of  Rules Governing the Implementation of the Law of the People’s Republic of China on Entry and Exit of Aliens: Penalties such as fines and detention provided for in this Chapter shall also apply to persons held responsible for assisting aliens to enter or leave China illegally, or causing aliens to reside or stay illegally in China, or employing aliens who seek jobs without permission, or providing facilities for aliens to travel without valid travel permits to areas closed to aliens.