Study On The Criminal Law System Of The Act Of Embezzled Or Using The Identity Of Others

In recent years,impostor school,employment and other criminal acts are increasingly high,compared with the traditional crime form,the crime of misappropriation,fraudulent use of the identity of others shows two significant differences,that is,the object of crime is from the status of State agents to the status of people at the bottom of society;Impostor behavior has serious social harm,not only violates the basic rights of citizens,but also hinders the specific social management order,and even makes the detection of related cases more difficult.There is some controversy in the academic circles about how to carry out the criminal law system for impostor acts,but with the introduction of the Criminal Law Amendment(Eleven),the controversy about the qualitative nature of criminal law has been eliminated,and such impostor acts are clearly defined as impostors in Article 32 of the Amendment to the Criminal Law(11).Impostors are statutory offences in nature and invisible legal offences.From the point of view of form,the statutory offender mainly manifests itself as a blank crime,while in essence,the legal offender is embodied in the double judgment of administrative illegality and criminal illegality.Administrative illegality and criminal illegality have a rank-and-order relationship,and the precondition for making criminal illegality judgment is that the behavior has administrative illegality.The legal benefits protected by impostors are dual legal benefits,which are embodied in the relevant state management order and corresponding personal legal benefits,including: First,the state enrollment management order and system and the right to education of the substitute;Specific behaviors are: "misappropriation and replacement" type and "use and replacement" type two,specifically,"misappropriation" against the will of the right holder premise,that is,with the consent of the substitute to use or borrow will not be "misappropriation",but belong to "counterfeiting",and whether "misappropriation" is also "counterfeit" object,must be the real existence of the "identity",otherwise it is not the object of this crime.In distinguishing between impostors and related crimes is imagination competition or legal competition,this paper agrees to the combination of formal standards and substantive standards for comprehensive judgment,only when a law can fully evaluate the act,can be recognized as a legal competition,otherwise it may be established imagination competition,or even set up a number of crimes.With regard to the identification of accomplices to this crime,since it cannot be ruled out that a person alone can complete impostor acts by forgery,alteration and so on,therefore,for impostors,this paper is more inclined to arbitrary accomplices.With regard to the punishment of the person implicated in this crime,impostors are usually inevitably implicated with the crime of forging,altering,buying and selling official documents,documents and seals of state organs,the crime of forging,altering,buying and selling identity documents or the crime of using false identity documents,misappropriation of identity documents,etc.