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The Research Of Criminal Responsibility Of Forgery

Posted on:2012-12-14Degree:DoctorType:Dissertation
Country:ChinaCandidate:J H LinFull Text:PDF
GTID:1226330335957933Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Document is an important form of preservation of human intention, and is an important tool for human being communication. The act of“forgery”is recognized as a crime widely, because it is against the interests of social and influence public credit and transaction security. So every country punishes these acts.As the research topic of this paper,“A Study of guilty of forgery”wants to systematize the complexity of forgery, and try to put forward innovative ideas in order to fill in the certain defects of this field. In addition to the introduction, there are seven chapters in this paper. Introduction section describes the motivation, research, and study methods of this paper. Body part as follows:Chapter one“The Basic Meaning Of Forgery”is the comparison of legislation on forgery specification between common law and civil law countries. And it explores the reason for forgery has“anti-social”which it detriment social crimes. And then this paper wants to attempts to integrate different perspectives to put forward new ideas.Chapters two describes the“Instrument System”, and describes the significance, the characteristics and the types of documents, and then discuss the concept the“quasi-documents”. National Criminal Law norms just the documents of important relationship. Therefore, to understand what kind of forgery of documents belonging to, the definition of the concept is more pivotal.The Chapter there is“The Ccriminal State of Forgery Act.”This chapter details the behavior of forgery including forgery and alternation, and still can continue to be divided into: visible forgery (visible alternation), invisible forgery (invisible alternation). For whether should punish the invisible forgery, the Criminal Law lacks of clear legislative norms. This paper argues the need to strengthen the theoretical study of this part, and then implement them in our judicial practice.Chapter four is“The Specific tType of Forgery”. Forgery act has different requirements specification in the countries presents, so the type of crime of forgery diversified. Through the awareness of other country’s criminal legislation, it will contribute to establish our relevant-regime and theoretical research system, and then complete our legal system.Chapter five discusses the“Guilt of Forgery of the Criminal Law.”Our past crafted for forgery is certainly not as high as foreign to explore the positive deep, so in this respect is necessary to learn from foreign legal spirit.Chapter six discusses“The Norms Guilty of Forgery in Taiwan.”Taiwan has been deep impacted by Germany and Japan for a long time, and is obviously more complete and substantial in these systems, so it can completely serve as reference for the development of the legal system in China.Chapter seven is the“Conclusions and Recommendations.”This paper explores the behavior of forgery from interests protected by the criminal legal. Analysis and comprise the different countries to act on the forgery countermeasures from the perspective of comparative, hoping to have further understanding of and cognitive the concept of forgery, then put forward the corresponding suggestion.
Keywords/Search Tags:Forgery, document, visible forgery, invisible forgery
PDF Full Text Request
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