| With the promulgation of the "Criminal Law Amendment(11)",the act of impostor is officially convicted,and how to accurately apply the crime to justice appears very urgent.This article discusses the legislative evolution of the crime,analyzes the path and limitations of the behavior under the legal system of the 97 criminal law era,and reveals the protection of the legal benefits of the crime of imposter and its legislative spirit.Then,it analyzes the three behavior patterns of the crime in combination with existing cases,and analyzes the qualitative behavior of "professionals" in the student fraud industry.Then,the criminal responsibility capacity of general subjects,the identification of special subjects of state personnel,and the severe punishment and sentencing rules of joint criminal subjects are all studied.Next,the relationship between the crime of imposter and related crimes and the punishment principle are explained.Finally,it discusses the procedural law of the crime of imposter,involving many aspects such as the standard of filing a case,the judgment of evidence and the reasonable use of the conditional non-prosecution system.The regulation of imposter behavior under the old legal system has limitations,and legislators responded to social focal issues in a timely manner and used criminal law to protect plural legal interests.The public has different sentiments to condemn impostors in the three behaviors.Judicial workers must maintain a prudent and modest legal spirit to determine penalties.In the crime of imposter,how to apply the sentencing rules to the general subject,special subject,and joint criminal subject should strictly follow the principle of statutory crimes and punishments.As a compound type of behavior,imposter behavior has a concurrent relationship with related crimes and should adopt the principle of combined punishment for multiple crimes.The exploration of the procedural issues of newly added crimes should be based on the "case" conditions. |
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