Study On The Invisible Forgery Of Criminal Law

Invisible forgery, as an objective conduct mode of forgery crime, plays an extremely important role in the forgery crime. We can say that correct recognition of the invisible forgery concept is core question in the forgery crime. From the point of invisible forgery legislation, this article discussed the concept of invisible forgery and its classification, that of the characteristics as well as the recognition of invisible forgery behavior. This paper reflects the researches on criminal legislation, criminal judicature and criminal theory, points out the related shortcomings, and brings out the suggestions on legislation. By this way the writer hopes this paper will be benefit to the research on criminal legislation, the criminal judicature and the criminal theory in our country. The whole article is divided into 3 chapters, besides the introduction and appendix.Chapter one is the outline of invisible forgery, which mainly introduces the legislation condition of invisible forgery and their characteristics in the criminal law of continental system and that in our country, as well as its conception and classification. Chapter two is the features and identification of the invisible forgery, mainly talking about crime-constitution characteristic of this invisible forgery conduct as well as the identification of this conduct in judicial practice. The writer believes that invisible forgery itself owns a kind of particular legal interest, which aims at protecting the public credit and the proven function on the basis of it. The object of invisible fraudulent is mainly instruments and securities. The conducts characterized as the producer without authority creating the documents with false contents, and the concentrated expression is whether they have the authority to make it. The subject of invisible forgery is special, and they are often the staff of state organs and professionals with relevant social duties, such as doctor and lawyer etc. The subjectivity of invisible forgery is intentionally, deliberately and directly and the purpose of which is to forge. As for the determination of invisible forgery, this paper mainly expounds the differences among the invisible visible forgery, visible forgery and alternation. The principal differences between visible forgery and invisible forgery are the fraudulent use of the name of agents and representatives, abuse of authority, qualifications impersonation, commitments by the use of common name and the nominal name, whereas the main difference between invisible forgery and the alternation lies in the distinguish the invisible forgery and invisible alternation. Chapter three is the shortcomings of invisible forgery in China Criminal Law and its perfection. This chapter introduces the shortcomings in the legislation and based on which brings out the legislation perfection. There are several meanings in the concept of forgery, which will lead to the difficulty in determining the invisible forgery conduct. Moreover, the criminal justice is relatively austere. Many staff of state will not be punished for their invisible forgery, and it is the same with their invisible forgery conduct, which is not conducive to the fight against crime. Hence the writer believes that based on the current situation, firstly it is necessary to make the explicit legislative and judicial interpretations, at the same time to add the invisible forgery crime of the state staff, then bring the doctor into the crime subject of presenting false documents offense, and give the punishment to the doctors'conduct of presenting false documents.