Research On Forgeries In The Criminal Law Of The People’s Republic Of China

Since ancient times, forgeries have existed. Generally speaking, people forgevarious things by way of different methods, but it can not be said that every forgery isa forgery in a criminal law sense. In fact, forgeries in criminal law are actions thatconform to the constitutive elements of crime, which causes serious damage to thesociety’s public credit. In the world today, many countries have enacted legislations toregulate forgeries. In China, classification of crimes is divided in accordance with theobject of a crime and a vast majority of Chinese legal scholars focus on theconstitutive elements of a specific crime when they are studying forgeries in criminallaw, thus resulting in less specialized systematic research on forgeries. In this paper,the author looks forward to having a positive impact on the legislation and judicialpractice of regulating forgeries via carrying out a deep analysis of forgeries in ourcriminal law.In the introduction, the author mainly gives the reason why he selects this topic,explains the background this paper is based on and discloses the meaning he writes it.This paper is divided into four parts and there are over40,000words.Part Ⅰ: An outline of forgeries in the criminal law of China. In this part, theauthor firstly discusses the etymology of forgeries, its history origins and the relatedlegislation in ancient Chinese history. Secondly, using the concept of a behavior incriminal law as an entry point, the author introduces the implication and essence offorgeries in current criminal code.Part Ⅱ: Objects and punishable features of forgeries in our criminal code. Thispart is the focal point of the paper. The author will define the objects from two aspects.For the nature of forgeries in criminal law, it is considered to be its “public credit ofthe society” and “existence” while the objects of forgeries are constrained tocurrencies, valuable papers, instruments and seals. After defining the objects, theauthor will analyze punishable features of forgeries in criminal law by checking if thecriminal actions could sufficiently make people mistake the objects as real andeffective and in the same time cause great damage to the order of the society.Part Ⅲ:Basic types of forgeries in criminal law. In this part, the author willclassify forgeries according to different standards. To start with, on account of thepower to create money, there are tangible forgeries and intangible forgeries, among which tangible forgeries include the behavior of tangible forging and altering in anarrow sense whilst intangible forgeries contain the behavior of intangible forging andaltering in a limited sense; secondly, there are three ways of forgeries, includingforging, altering and unauthorized manufacturing on basis of behaviors.Part Ⅳ: Legislative improvement of forgeries in criminal law of China. Afterexpositions above, this paper will end with recommendations for improving thecurrent legislation concerned with the crime of forgeries. Having analyzed thelegislative status quo of the crime of forgeries in our criminal code, the author willexpound three major problems that the crime of forgeries face:“legislative system”,“objects of behavior” and its “way of behavior” to further put forward somerecommendations.