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Study On The Suspension Of The Crime Of Substituting Examination

Posted on:2018-01-03Degree:MasterType:Thesis
Country:ChinaCandidate:J X LiuFull Text:PDF
GTID:2346330512484108Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The theory of criminal suspension has been one of the focuses of the critics,and it is an element of behavior in the constitution of a crime.The diversity of the elements of behavior specified in the criminal law determines the diversity of the crime.Instead of the examination of the crime is the crime of our new offense,refers to the impersonation of others or instructed others to fake themselves in the statutory national examinations in the wrongdoing behavior.Suspension of the examination of the crime appears to be suspended for acts of counterfeiting,the act of suspicious act was suspended,and the act was suspended.Status is a prerequisite for participation in legal examinations.Instead of taking the substitute in the examination of an offense,it means the act of impersonating another person's identity or the act of impersonating another person to impersonate himself.If the examiner fails to give up one of the acts of the law before the legal examinations are made,the suspension of the act of counterfeiting is not the same as that of the other party;The examiner is effective in preventing the examiner from fake his identity,but also the establishment of a substitute for the crime of suspension.For reasons other than criminal will,so that the act of fake identity to stop,set up instead of the examination failed.Answer process refers to the statutory national examination of the organizers of the identity of the candidates,to answer the question of the time,place,manner,order and other procedures collectively.The purpose of the criminal law is to set off the crime of substitute examination.The purpose is to regulate the authenticity of the identity of the applicants of the statutory national examinations,the timeliness of the acts of answering,and the legalization of the results of unlawful acts.The perpetrator began to make a mistake to replace the examination of the crime to proceed to the end of the answer before the process,automatically,completely give up the wrongful act,set up instead of the examination of the crime to stop,was replaced by the identity of those who did not set up to stop.Was replaced by the identity of the effective way to prevent the lawless to continue,the establishment of the crime instead of the suspension of the examination.For reasons other than the will of the crime,so that the act of cessation of action,the establishment of substitute test failed.The analysis of the crime process in lieu of the examination should be based on the statutory national examination process.The purpose of this crime is to pursue the legalization of the results of the unlawful response.Criminal law accountability for test behavior,in the final analysis is to protect the statutory national examination of the "three real",that is,the identity of the real,true answer,the answer is true.After the unsuccessful answer to the test results before the release,the perpetrators automatically prevent the legalization of illegal results,identified as a substitute for the crime of active suspension,help to open up the perpetrators to abandon the crime set back to normal social order "Golden Bridge" The last one kilometer,save the cost of justice,distinguish the different forms of the crime to stop the consideration of the destruction of the order of the degree of social harm,improve the accuracy of crime evaluation,to achieve individual punishment.
Keywords/Search Tags:Crime of the substitute examination, Criminal offense of joint offense Suspension, forge-identity, illegal-response
PDF Full Text Request
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