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The Research On The Forgery In Criminal Law

Posted on:2011-05-29Degree:MasterType:Thesis
Country:ChinaCandidate:Y FengFull Text:PDF
GTID:2166330332458560Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The forgery is not uncommon at all times and in all over the world, and the badmen often take currency, writ and seal as objects. The forgery damages the normal economic order and the social public credit system, so there are all kinds of forge crimes in the criminal law of the major countries in the world. As one of the objective aspects of the forge crimes, however , there are many difficult problems on the theory and in the practice. There is little systematic research on the forgery in criminal law at present. So the writer discusses the concept, the nature and the classification of it; the objects,the range,the style and the degree of it; the pattern of it and its quantity of crime when it follows by the other behaviors.This article is divided into five parts, which are the introduction, the overview of the forgery in criminal law, the intention of the forgery in criminal law, the pattern of the forgery in criminal law and the quantity of crime on it.In the introduction part, the writer briefly explains the reason why choosing the thesis as the research direction and the general writing thinking.The first part overviews the forgery in criminal law. This part firstly defines the concept of the forgery in criminal law; then discusses the nature of it and its concrete manifestation mode, and points out that its nature is to fake and can be expressed by five aspects; finally expounds the academic classification of it.The second part researches the intention of the forgery in criminal law. This part mainly discuss the objects,the range,the style and the degree of it. The objects of the forgery in criminal law must be the things which have important impact on the social public credit system and the safety of business deal; in the analysis of the range of the forgery in criminal law, whether it includes debasement and unauthorized manufacture is a controversy on the criminal theory and in the practice, and it is very important to distinguish them and fully understand their logic relations; in the analysis of the style of the forgery in criminal law, the concrete manifestation mode of forgery and debasement will is discussed; in the analysis of the degree of the forgery in criminal law, the writer takes the crime of forging currency, the crime of faking, altering stock, debenture, and the crime of making registered trade mark illegally as examples.The third part discusses the pattern of the forgery in criminal law. This part firstly discusses the pattern of the forge crime, and the forge crime can be divided into the crime completed by behavior, the crime completed by plot and the crime completed by fixed number; then discusses the pattern of it when it follows by the other behaviors, and it can be divided into the situation when the person uses the things he faked and the situation when the person uses the things others faked.The last part discusses the quantity of crime on the forgery in criminal law. In Chinese criminal law, how to analyze the quantity of crime when the forgery follows by other behaviors is worthwhile to discuss. The situations of discussion can be divided into the situation when the person uses the things he faked and the situation when the person uses the things others faked.
Keywords/Search Tags:the forgery in criminal law, the intention of the forgery in criminal law, the pattern of the forgery in criminal law, the quantity of crime on the forgery in criminal law
PDF Full Text Request
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