The Crime Of Falsification Of Seal Judicial Cognizance Problems Research

The crime of falsification of seal in our country is a concise counts set out in Article 280 of the Penal Code Academia forged seal class rarely involved in crime, there are only a very few of judicial workers on judicial practice difficult problems such crimes were discussed. Whether or common law countries civil law countries are rarely prescribed the crime of Falsification of seal category, mature national legislation provides only Japan forgery, use of the seal type of crime. In Japan, criminal law, public signs, personal seal, signature and so on within the scope of criminal law protection of the criminal law provisions of the crime of forgery and use of stamp seal of such crimes and the crime of attempted murder, and our criminal law provides only for forgery of state organs Along with crime, forgery companies, enterprises, institutions, people’s organizations and seals.However, the judicial practice case studies on counterfeit stamp is very much, have occurred code fendant different sentence phenomenon. Therefore, this article summarized the academic scholars, judicial workers, and the combination of a large number of cases related to post-forged seal of the judicial determination of the difficult problems relating to forgery and seals were as detailed list and analysis.Thesis is divided into four parts, the first part is the theoretical basis for the crime of falsification of seal, the second part is about the research of such significance sin, these two parts is falsification of seal type a brief description of the crime. After the two parts is difficult to discuss issues related to such crimes from different perspectives, and a specific analysis.Difficult issues This kind of offense mainly this crime and intangible forged relationship, not exactly the same relationship with the imprint and print-shaped seal with the name of the style, the relationship with an accomplice, the relationship with other related offenses, and so on. The third part is an angle from the crime of difficult research problem on the line, including the definition of "forgery" and that "seal" the definition of the subject of crime, crime subjective identification. The fourth part is to analyze the shape and the number of charges to distinguish from the perspective of the crime carried out on the crime. Including distinguishing relationship with Implicated relationship with Imaginative Joinder, and the sale and seals, case and document forgery crimes.