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Study On Subject Of Crime Of The Article 229th Of "Criminal Law"

Posted on:2011-09-29Degree:MasterType:Thesis
Country:ChinaCandidate:L XiaoFull Text:PDF
GTID:2166330332474230Subject:Law
Abstract/Summary:PDF Full Text Request
The crime fitted by the Article 229th of "Criminal Law" includes two crimes: Providing Fake Certificates and Issuing Certificates Highly Inconsistent with the Facts. According to legal provision of the Article, the subjects of the two crimes include the intermediary organizations and their personnel responsible for assets appraisal, capital verification, verification, accounting, auditing, legal services and so on. However, as a result of vague statement of the Article, with the development of the intermediary organizations, there existed arguments in academic circles over which intermediary organizations and personnel can be the subject of the two crimes, and it brought the confusion to the judicial practice work. Through combing on the definition, characteristic, scope and classification of intermediary organization, this thesis hold the view that except these six kinds of intermediary organizations enumerated clearly in the article, those intermediary organizations and their personnel which have the function of issuing certificates that related to the marketing activities and enough to have an effect on the third party in economic activity, can become the subject of crime of the article 229th of "Criminal Law", such as tax accountant offices and certified tax agents, quality-inspecting organs, certificate authorities, supervision companies and their professional staffs and so on.In addition, against the judicial interpretation that put the notary into the scope of subject of crime of Issuing Certificates Highly Inconsistent, issued by the Superme People's Procuratorate in early 2009, this thesis based on the notarial practice, using a comparative analysis method, and starting with complexity of the nature of notary organs, by the analysis to particularity of notary organs, notary profession, notarial certificate and notary identity, draw a conclusion that notary organs and notaries are not the proper subject of crime of Issuing Certificates Highly Inconsistent.
Keywords/Search Tags:the Article 229th of "Criminal Law", Subject of Crime, Intermediary Organization, Intermediary Organization Personnel, Notary Organs, Notaries
PDF Full Text Request
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