A Study Of Counterfeiting Evidence And Guard Against Crime

Defender Obstruction of Witnessing in formulating the beginning caused enormous controversy, and in the case of judicial practice, the more that there is a different crime or boundaries, lack of a unified understanding of the constituent elements of behavior problems, especially the "lure witnesses perjury " finds different argument, therefore, a reasonable interpretation of the constituent elements of this crime act for the maintenance of legality of great significance. I selected three more typical case, the constituent elements of cases involving acts of falsifying evidence, forged evidence to help the parties behavior, threatening, luring witnesses to commit perjury conduct discussion and analysis, combined with the process of criminal justice reform, applicable for reasonable the crime made recommendations in three areas. Full text altogether twenty-four thousand words, it is divided into four parts.The first part is the introduction, about the research value of this crime.The second part is the case presentation, select a larger controversy money Lai Sun falsifying evidence, falsifying evidence Li Zhuang, Li Zhuang lure witness to commit perjury case and leak crime, leads to the common problem of the existence of this crime.The third part is the study of the problem analysis. I learned from the criminal justice system to explain the purpose of interpretation point of view, combined with the value orientation of criminal law to protect legal interests, the distinction between the behavior and falsifying evidence by threat, enticement behavior differences witness to commit perjury, we analyze the said objective criteria as determined whether perjury reasonable, offered to lure behavior is enough to affect the free will as the distinction between crime or witnesses standard limits, and to constitute the crime of crimes contain harmful results, as well as the crime Accomplished standard dispute was discussed that this crime belongs acts committed, and were demonstrated.Finally, it discusses the simple rationality of the existence of this crime, and advocates the revision of legislation to refute the arguments put forward to improve the maintenance of the applicable statutory recommendations crime from the perspective of the crime and hermeneutics.