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Research On The Criminal Object Of Forging State Organs Official Documents, Certificates Or Seals Sin

Posted on:2014-06-21Degree:MasterType:Thesis
Country:ChinaCandidate:H R LuoFull Text:PDF
GTID:2296330425478714Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Current our country forge state organs official documents, certificates or seals crimeshows high incidence trend, its forgery crime not only seriously damage the social publicgood trust of state organs, more destroyed the normal business management activities of stateorgans. Because our country "criminal law" the provisions of this crime are sketchy and theadministrative management activities of the complexity of the specific crime in on this crimein judicial practice that there are many disputes on the object. This article will to our countrytraditional criminal object in the theory of crime constitution and harm behavior as thebreakthrough point, draw lessons from foreign advanced theory of forgery crime andlegislative model, a comprehensive summary and tried to solve this crime hotspots anddifficulties in the judicial cognizance of the crime object, hoping to our country criminallegislation and judicial practice to provide some valuable reference.This thesis is divided into five parts, the following gives a simple introduction:The first part is forge state organs official documents, certificates or seals crime object,based on the brief introduction of the concept and the object of crime and criminal object andobjective behavior relationship, after summarizing the concept and general characteristics ofthis crime crime object, and from the academic circles at home and abroad research status ofthis crime in the criminal object is a focus in the study of this crime, and narrates the researchidea of this article, from the forge national office documents, certificates, seals crimes, thelegislative model of the object of crime and criminal object, criminal objective behavioraccording to the correlation of the criminal object of crime research.The second part is the object of crime, crime patterns, common law countries adopt themethod of list to delimit the scope of this crime crime object, the civil law countries, on thespecial explanation, and our country’s legislation mode is relatively rough, this is the cause ofthis crime in the judicial practice in our country criminal object is the understanding of theorigins of differences.The third part is to forge national office documents, certificates or seals of the object ofcrime and criminal object, objective counterfeit behavior relationship discussion. Object ofcrime is the criminal object, objective material manifestation, is the harm behavior refers tothe specific person or specific content and function, mastery of criminal object and objectivebehavior helps to deepen the understanding of crime object. This article in the comprehensive investigation of this crime in our country criminal object theory of the five, on the basis of theviewpoint of this article, the theory of "object" primary and secondary, to below the specificobject of crime of judicial cognizance to provide theoretical support. And brief introduction ofthe visible forgery and invisible forgery, formalism and substantial theory, provide referencefor the understanding of the relevant concepts in full, and counterfeit behavior should includethe conclusion of the visible forgery and invisible forgery.The fourth part is the focus of the full text, the author will interpret category of stateorgans, respectively specific analysis on the basis of national office documents, certificates,seals of judicial cognizance question, discussed in detail various criminal object is judicialcognizance of this crime in the judicial practice of the hot and difficult, and tries to putforward the reasonable and effective.The fifth part for the lack of criminal object of crime, the author of this paper proposedlegislation perfect suggestion, including the science of criminal object definition, add relatedcharges, is quantified to the criminal object, strengthen the protection of private documents,seals four aspects.
Keywords/Search Tags:Criminal Object, State Organs, Official documents, Certificates, Seals
PDF Full Text Request
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