A Preliminary Study Of Forged Crime

As early as the spring- autumn period and the warring states period the regulation of our country have about the forged crime, after thousands of years, the various dynasties have rules the forged crime also. Now, as a proof of certain rights and legal facts of trading means money, securities, documents has become an integral and indispensable part of the guarantee social and public interests, they also play an irreplaceable role in maintaining stable social public order and promotting economic transactions. But in our country in both the criminal legislation, criminal judicial interpretation and academic circles only rules the single forged crime, our country lack of integrity regulation about forged crime, therefore, the author thinks that is very necessary to introduce foreign laws’ correct conception and cognition and on the basis of the type of forged crime to discusses the integrity regulation about forged crimes.This article will compare the development of forged crime systematically; To explore the conception, characteristics, scope and classification; The conception of forged behavior in criminal law, criminal law meaning, the specific way of forged behavior; The criterion and characteristic of object about forged crime; The relationship between forged crime and related crime.This article is divided into introduction, the criminal legislation of forged crime, criminal summary, the behavior of forged crime, the object of forged crime, the relationship between forged crime and related crime six parts.The introduction part mainly descript the writing background, the research significance, purpose of thesis, literature review and research methods.The first chapter firstly introduces the forged crime that enacted provisions in our country from the spring- autumn period and the warring states period to 2010, and then by the centralized, relatively centralized, decentralized legislation mode to classifying and analyzing the legislation law about outside of China’s mainland.The second chapter mainly from the conception, characteristics, scope, classification of four aspects to definite what is a forged crime, which characteristics has been reflected in four aspects: the subject-specific, target-specific, specific behavior, forged crime must be convinced the average person. In this paper, based on behavior and behavior’s object can define the scope of the crime of forging type and the last of the subject of this chapter, forged crimes can be divided into visible and invisible forged crime by the standard that subject whether have the copyright or not.The third chapter focuses on the conception of forgery, falsification of criminal law, the specific behaviors were described of forged crime, this article will regard fake as essentially forge, and from forged behavior purpose, degree requirements, object classification, forged object influence on forged behavior four aspects to illustrate the significance of criminal law.The fourth chapter mainly divides into two sections, the first section focus on forged crime’s judgment standard, the second section focus on the features of forged crime’s object, and this chapter by studying money, securities, documents, stamps to explain the features of the forged crime’s object.The fifth chapter mainly discusses the relationship between forged crime and downstream crime, fraud crime and the crime that forged behavior as one way of the crime, the forged crime have many similarities with the above four crimes, how to determine the true nature of crime is a important criterion for the conviction of right.