Analysis On The Difficulties Of Judicial Determination In The Use Of False ID Documents

The“Criminal Law Amendment(9)" incorporates the use of false identity documents into the scope of the criminal law system.At the drafting stage of the“Criminal Law Amendment(9)",it was suggested that imposing administrative penalties on the behavior could achieve a punitive effect.It is recommended that this crime should not be stipulated.After research,the legislature has not adopted this opinion.Due to the fact that the use of false identity documents has continued to be banned for many times,and this behavior seriously undermines the public management order and the legitimate rights and interests of citizens,it may also induce crimes,and has serious social harm.Based on modern criminal policy,the investigation of those perpetrators' criminal liability is reasonable and necessary.However,due to the ambiguity of the extension of legal concepts and the lack of guidance on relevant judicial interpretations,there are the following problems in judicial determination:the scope of the occasion is ambiguous;the specific scope of "identity documents" is controversial;“serious circumstances" lack clear criteria.Therefore,this article will insist on the explanation path of substantive interpretation theory and combine relevant cases to analyze these three difficult problems.The determination of the scope of the occasion should be interpreted as a restrictive interpretation of the "state regulations",which is strictly based on Article 96 of the Criminal Law.Specifically,it should only include the laws and decisions made by the National People's Congress and its Standing Committee,the administrative regulations formulated by the State Council,the administrative measures provided,and the decisions and orders issued.It also should rule out the application of other regulatory documents such as department regulations.In addition,the places where laws and administrative regulations only specify the responsibility of inspection should also be included.The object of use in this offense is a forged or altered identity document.From the substantive principle,the authenticity of the content of identity documents is the main factor affecting social management order.Therefore,as long as the perpetrator knows that the content of the identity document is false,and it has reached the level of misrepresentation of the average person in society,it is a forged or altered identity document in this crime.Through a comprehensive analysis of the common features of resident identity cards,passports,social security cards and driver's licenses,and measuring the extent of legal infringement,it is concluded that the "identity documents"referred to in this crime should be satisfied the following conditions.Firstly,they are used to prove the natural person's personal rights and interests and are established according to laws,regulations or department rules.Secondly,they are issued by the relevant national competent authority.Thirdly,they have unity,unique validity and a certain degree of breadth in the number of users and the scope of validity.The last one is that the false identity documents will cause serious harm to the public management order.The criterion of“serious circumstances" should adopt a combination of a single standard model and an integrated standard model.Specifically,a single standard model is used in principle.When the individual cases of a specific case do not completely meet a single standard,but there are more than two plots close to the standard,after the comprehensive evaluation is consistent with a single standard of legal interests,it is also considered to constitute the crime's“serious circumstances".The setting of a single standard mainly considers the number of behaviors,behavioral results,etc.,and sets specific targeted terms to maintain certain flexibility.