On The Behavior Of Malicious Accusation In Chinese Criminal Law

False accusation behavior refers to a severe act that fabricated the specific crimefacts and then informed somebody, with an intention of having him into criminalprosecution. Thus, the behavior consists of fabricating facts of the crime, theinformant and behavior of objects. Fabricated facts of the crime can be fabricated theentire facts of the case, and also fabricated part of the facts of the crime. However, itdoes not require the fabrication of facts of the crime must be in accordance with thecriminal law constitute a crime. As for informant, the perpetrator can either take theinitiative to the implementation or the passive one of an informant. It doesn’t matterthat who is the informant. Whereas, the perpetrator of the information shall in factcause criminal prosecution process against the one who is falsely accused. As to theobjects of false accusation behavior, organization can be one of them only when it isclearly stipulated in criminal law. Yet for natural persons can become the object ofconduct in addition to the age of criminal responsibility and have the natural person ofcriminal responsibility, but also should include those who did not reached the age ofcriminal responsibility and have the capacity for crime, special status (such as thementally ill) people and commitment persons. However, not all who have not reachedthe age of criminal responsibility and the capacity for crime and have special status ofcriminal responsibility can in any case become the object of conduct of any falseaccusation. Specific cases should be specifically analysed and can not begeneralized. In order to accurately define the false accusation behavior, we must alsoclarify the false accusation behavior with general fault reports and accusation,retaliation, defamation and perjury acts. To set up a false accusation behavior, theactor should has "fabrications behavior" and in fact cause the judiciary procedure, yetfor the general fault reports and accusation behavior, it is not necessary. Theestablishment of a false accusation behavior requires the act of fabricating the facts ofthe crime and violating the legal rights and interests of others by the hands of thejudicial authority, yet retaliation and frame-ups behavior need along with the abuse ofpower and self-dealing, but without the hands of others, the perpetrator can directlyviolate of the legitimate rights and interests of others. The objects of false accusationconduct include the responsible natural person and organizations stated in the criminallaw. As for the retaliation and frame-ups behavior, the objects are sued, thecomplainant, criticism and informants. The establishment of a false accusation behavior needs corpus delicti, but for the retaliation and frame-ups, it’s fabrication ofothers’ personality or reputation. Specially, false accusation usually happens beforethe criminal procedure and is the reason of the process. However, perjury alwaysoccurs during the procedure, and known as fabricating or distorting the truth beforethe end of the judicial process.