On The False Documents Crime

It is a short time for medi-organizations developing in our country. After PRC established,the planned economy was carried out. There were not any medi-organizations with the feature of modern market economy. From the market economy being come into force in 1978,the medi-organizations came into being and then developed very fast. In some areas such as the set up and management of companies,securities,they began to play a more and more important role. To assure these actions going along well,the Criminal Law 1997 absorbed the provision in which ascertained it a crime that medi-organizations and their clerks offered illusive proving documents. The main bodies of this crime are medi-organizations and their clerks. The standard to decide whether an medi-organization or a clerk is the main body is that if they assume some responsibilities such as asset-evaluating,endowment-examining,verification,accountant,auditing,law-serving,attestation,notarization and quality-checking. The common characteristic of these responsibilities is offering proving documents exclusively that have the power of public crediting in society and can make effect on the third persons' economic behaviors with professional knowledge. There are two objective bodies of this crime. The one is administrative system of medi-organizations in our country;the other is the profits of the nation,the public,the investors and the individuals. The subjective aspect of the crime is intention,including direct intention and indirect intention. As for indirect intention,it should be check out on the condition of that some persons pretend an error to escape the penalty. On the objective aspect,the harmful behaviors consist of illusive statement,misguiding statement and important omission. The targets are all kinds of proving documents that are exclusive,professional,having the power of public crediting in society and being able to make effect on the third persons' economic behaviors. Only when the act comprises serious scenarios,this provision should be applied. The standard which is regulated by to determine what scenarios are serious should be adopted. But the economic damage and other damages such as health damage should be estimated together. Otherwise,to ascertaining an act to commit this crime,we should differ this crime from the crime of perjury,the crime of offering illusive accounting reports and the crime of forging the seals of companies,enterprises,project enterprises and people's organizations. With regard of judging the punishment,the fine should be applied correctly and the meaning of the relation asking for or receiving others' properties illegally in the second paragraph of article 229 should be comprehended correctly. This relation is scenarios aggravating crime. For this crime,with the advanced position is executed,the ability of crime transaction should be improved.