On The Scope Of "Identity Document" In The Crime Of Identity Document Theft

Identity document is not only the citizen's voucher of proving identity in daily communciation activity,but the certificate uniformly made and issued by the country to administrate the society and safeguard civil rights.The emergence and wide use of identity document is just one of the sign of more and more convenient development of the society and economy.And it should be guaranteed that the identity information of the citizen isn't abused when the identity document facilitates the national governance.However,it is easy for criminals to commit utilizing identity documents owing to the existing deficiencies of identity document in technology and application management,which not only destories the order of social control,but also damages the core value system of the society.Taking the new provision in Amendment(IX)to the Criminal Law of the People's Republic of China as a clue,this paper analyzes the range of Identity Document in Crime of Identity Document Theft.Firstly,whether from the prespective of social development needs,or in terms of the innovation of legal concept and the improvement of legal system,Crime of Identity Document Theft newly added in Amendment(IX)to the Criminal Law of the People's Republic of China has its unique value and significance.Owing to the function of identity document in national certificaton management,further enhancement and improvement of the management of identity document not only can greatly safeguard the rights and interests of citizens,but also can increase the efficiency and convenience.Secondly,“identity document” in Crime of Identity Document Theft refers to the certificate formulated by prescribed authority according to legal procedure and method,which contains certain identity information and can be used nationwide within a fixed period.In addition,such identity document excludes the identity certificate for objects,such as driving license and property ownership certificate.Thirdly,the copy doesn't belong to identity document because its probative effect,generation mode and social harmfulness are different with that of ID card even though they are same in the content presentation.In addition,electronic identity document shouldbe a kind of identity document because there is no difference within the prescribed application scope of the law between electronic identity document and ID card.