Is smuggling criminal or administrative?

For smuggling, according to the seriousness of the case, there are administrative penalties and may also bear criminal responsibility.

According to the relevant laws and regulations of our country: those who organize others to cross the border illegally shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years and 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) ringleaders who organize others to cross the border illegally; (2) Organizing others to cross the border many times or organizing others to cross the border in large quantities; (3) Causing serious injury or death to the organizer; (4) depriving or restricting the personal freedom of the organizer; (5) resisting inspection by violence or threat; (six) the amount of illegal income is huge; (7) Other particularly serious circumstances.

legal ground

Circular of the Ministry of Public Security on Strengthening Cooperation in Combating Smuggling Article 1 Cooperation in stopping and cracking down on smuggling activities should be based on the overall situation conducive to stopping and cracking down on smuggling activities under the unified leadership of the Ministry of Public Security, and adhere to the principles of mutual support, close cooperation and timely and effective handling of cases according to law. Article 318 of the Criminal Law: Whoever organizes others to cross the 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) ringleaders who organize others to cross the border illegally; (2) Organizing others to cross the border many times or organizing others to cross the border in large quantities; (3) Causing serious injury or death to the organizer; (4) depriving or restricting the personal freedom of the organizer; (5) resisting inspection by violence or threat; (six) the amount of illegal income is huge; (7) Other particularly serious circumstances.