On The Forged Certificates Of State Organs, The Seal Of Qualitative Behavior Analysis

" The people's Republic of China" the provisions of article 280th, forged, altered or state organs in official documents, certificates, seals crime, is refers illegally manufacturing, imitation, restructuring, trading the official documents of state organs, documents, seals, acts disturbing public order. On the falsification of official documents, certificates, seal protected by the crime law, foreign criminal law theory mainly has the following several theories:1 is the public credit. That is violated by the crime of forgery of documents are documents in the social life of the public credit.2 is the transaction security.According to this view, the court shall on the two accused forged certificates of state organs, the crime of the seal and forged identity card crimes punishment punishment.From China's current criminal law on the crime of four elements", the sale of citizen individual information to the objective aspect of the crime is simply" sell, illegally providing citizens" behavior, violated, i.e., protect legal interest is citizens' privacy rights are not infringed.The two defendants of this series of actions, can be said to be violated several charges, according to the relevant theory of implicated offense, a few act violates several crimes, punish the felony. Then according to the criminal law of China, this case involved a number of charges of fraud, only a clear judicial interpretation stipulation punishment, amount is huge, enormous standards, and a few other charges no clear standard of conviction and sentencing. But, from the point of view, the two accused the defrauded property amount has reached a particularly large standard, sentencing should be less than ten years of fixed-term imprisonment or life imprisonment, a fine or confiscation of property, significantly better than several other suspected crime sentencing to be heavy, so, the two accused several acts that are suspected of different crimes, but on the basis of implicated offense" from a principle", on the two accused to fraud should be convicted and punished.In this case two defendants alleged criminal behavior, violated law basically has the following:1 certificates of a state organ, seal of legitimacy, authority is not violated; 2 citizens personal information was not violated; 3 the citizen's legitimate property rights are not violated illegally. The above points before are done in detail. So, in this case two of the defendant's conduct violated the law only if benefits? In fact, there is an obvious benefit is not protected, it is a violation of copyright is the students'right to receive education.