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Research On The Crime Of Forging Private Documents Behavior

Posted on:2017-09-22Degree:MasterType:Thesis
Country:ChinaCandidate:J M LvFull Text:PDF
GTID:2336330488978045Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
With the progress of the times, private documents plays an increasingly important role in the modern social and economic life in the trade activity, it can serve as legal rights and obligations of the certificate, to establish interpersonal relationships and solid mutual trust, to establish and promote business functions of the social economic order. At the same time, fake loans and fraudulent resume,forged wills, forged medical records is also frequent, serious damage to private documents and guarantee function of social credit, with serious social harmfulness.In the face of these private documents, how to regulate the behavior of forgery, has become a common problem we need to solve.However, the provisions of the current criminal law of our country can not effectively deal with the forgery of these private documents, even in the criminal law theory, there are few people studying private documents.The definition of private documents,the difference between the private documents and public documents can not be clearly defined,and the forgery of private documents whether the behavior should be convicted and how crime is unable to decide which is right. This is undoubtedly to the judicial practice processing such kinds of crime put forward a serious challenge, and highlights the deficiencies and shortcomings of criminal legislation in our country. At present, it is necessary for our country to draw lessons from the civil law countries legislation experience, to forge the private documents behavior in criminal law, which is not only protecting legal interests, but also the construction of a socialist country under the rule of law and constructing the credit system of our country, can improve the China's criminal law system and theoretical research, so as to better guide the judicial practice.
Keywords/Search Tags:Forgery, Private document, Necessity, Incrimination
PDF Full Text Request
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