Research On False Accusation Against Crime

Chinese criminal law243rd stipulates that false accusation means Fabricate falseaccusation others. Intent to make the person subject to criminal investigation and thecase is of a serious nature. But due to legal provisions exist ambiguities. Because ofthe different understanding，the theory and judicial practice has caused a lot oftroubles，On the constitution of crime，form of crime and the crime with the non-crimeboundary．This crime and other similar crimes there are many disputes， This articlewill select several controversial．For solving the problem of a critical perspective，including the object of the crime, the implementation of behavior, subjectiveelements and the quantity of crime in four aspects．We hope to be able to promote therecent research.The first is about the object of the crime and the crime object of controversy，Theformer has had three different positions．It is against the state normal activity of thejudicial authority．Only against the citizens’ democratic rights or the two have both atthe same time.As for the latter，As the criminal law only stipulated the crime of falseaccusation others behavior intention，on the " others" ill-defined range．Lead to theexistence of whether to include a " unit"，without capacity of criminal responsibilityand limit the capacity of criminal responsibility to specific identity can constitutethe crime，actually does not have the " three main arguments．The second is aboutthis crime implementation behavior research．One should study is the relationshipbetween this crime and the compound behavior crime，the crime contains fabricatedcriminal facts and to the relevant judicial organ，which whether associated with thecompound behavior crime or not．So in order to make the crime implementationbehavior a clear qualitative，so we should firstly clearly define the connotation andextension of a compound behavior crime，and then，discuss when to start the crime.The second is to further explore the behavior of the specific content differencesexist in the place，The first is about the understanding of fabricating " crime "．We arebased on what kind of standard to recognized that this is the crime，the facts of thecrime are comprehensive and specific meet certain standards to meet the requirements of the degree and such problems．In addition，in judicial practice of criminal facts alsoencountered such a problem and how to solve it：One is the behavior of man isfabricated on the facts of the crime，while the man did violate the criminal lawcriminal facts，but both of them are not the same and how to solve it，Two is how tohandle the problem of one report someone crime which must do by particular people.And then is the research of the subjective aspect of this crime，because the basisofcriminal law provisions of the false accusation crime subjective must be present onthe intention to make the person subject to criminal investigation purpose，so，Somethink it as a crime with purpose, must be actively investigated the occurrence of theharmful consequences，subjective，only on the presence of direct intention．Theabove point of view to be verified the rationality．Although the civilization " intent tomake the person subject to criminal investigation " subjective purpose,The last is about the problem of the number．Since the judgment is a crime orseveral crimes，first of all，it should set a standard，which has been controversial intheory．Some think that should be judged by the behavior of human subjectiveintentions.