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Study On The Crime Of Forging Official Documents In Ancient China

Posted on:2020-02-01Degree:MasterType:Thesis
Country:ChinaCandidate:L LiuFull Text:PDF
GTID:2416330572994419Subject:Legal history
Abstract/Summary:PDF Full Text Request
Official documents refer to government official documents,which are the basic administrative forms of the administration of ancient Chinese documents.The central and local governments at all levels deal with the indispensable forms of administrative,judicial,military,economic,and civil affairs.The embodiment of the state's administrative,economic,and judicial powers represents the authority of the state's political rule.It is precisely because of its importance that the actions of forging official documents have been severely attacked by successive dynasties.The setting up of the crime of forging official documents is an important legal measure to ensure the normal operation of the state administrative order through the prohibitive function of the law and its sanctions.This paper takes the unearthed literature and the handed down literature as the research elements,and explores the legislative provisions on the crime of forging official documents from the Qin Dynasty to the Qing Dynasty,analyzes its criminal composition,and considers its judicial practice activities in combination with the case.In addition to the introduction and conclusion,the text is divided into three parts.The first part mainly defines the meaning of the official documents and the crime of forging official documents,and sorts out the historical context of the legislation of the crime of forging official documents and its institutional changes.The new definition of the concept of the official documents of the ancient forged official documents enriched the understanding of the scope of ancient official documents.The second part mainly analyzes the criminal constitution and criminal responsibility of the crime of forging official documents in ancient times.Based on the existing historical data,the four main elements of modern criminal law are used to analyze the criminal subject of crime of forging official documents,the subjective aspect of crime,the object of crime,and the objective aspect of crime,and summarize their respective characteristics.At the same time,the criminal responsibility for the crime of forging official documents,including the type of punishment and the testimony of the principle of punishment,has deepened the understanding of the crimes of the ancient forged official documents.The third part focuses on the judicial practice of the crime of forging official documents in ancient times.Through the analysis of a large number of cases,the actual cases of the crime of forging official documents were classified according to the type of forged officialdocuments,and they were divided into the crime of forging the official documents of the imperial power and the crime of forging political and cultural documents.It falsifies the crime of official documents in the economic aspect,falsifies the official documents of military personnel in transportation,and analyzes the judicial practice of each type of case and evaluates the operation of its judicial practice.
Keywords/Search Tags:crime of forging official documents, legislative provisions, constitution of crime, judicial practice
PDF Full Text Request
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