On The Criminal Law Regulation Of The Forgery Of Private Documents

As a kind of the forge crime, Forgery of private documents act is different from other the forge crime because of particularity on its structure that the offender acts with the intention to carrying out the second conduct, while merely the first conduct satisfies the constitutional elements and the second conduct does not. In recent dozens of years, our criminal law circle has carried some studies of certain profundity on the forge crime, but researched on the forgery of private documents act was seemed a little scattered. The problems in deep degrees such as the essence of the forge of private document act, the protection of legal interests system positioning and criminal component and so on have not been discussed much. So it is necessary to combine the experience of the relevant legislation in civil law countries, and then try to qualify the forgery of private documents and Criminal Law shall be to being regulate, which can benefit not only the consummation of our criminal law theories, but also the criminal legislation and practical operation.To analyze the private instruments of the general theory, to define and understand the forgery of private documents and the nature of the crime, protection of legal interests of the system of orientation, components, etc. is the basis of study for the crime of forgery of private documents. Crime of forgery of private documents belong to the incompletely two-conduct crime, for the purpose of the composition of its subjective element, is "more than subjective factors", and deliberately different in content. The crime of forgery of private documents on the behavior includes not only the visible manifestations of forgery, but also intangible forged. The crime of forgery of private documents in depth, based on the principle of legality in the administration of justice should not be determined, including copies of private documents. At the same time the crime of forging private documents and other crimes and discrimination of different morphology. Forgery of private documents is different from the general form of the crime of intentional crime of crime, forgery of private documents, Research on crime of forgery of private documents from three perspectives:stop pattern (including attempted offense and accomplished offense), the pattern of criminal quantity.