Research On The Crime Of Forging Documents

In today’s world, as people’s economic exchanges become increasingly frequent and deep, instruments make people’s daily activities and economic transactions become fast and convenient because of its public credit. However, some people take advantage of this feature to forge documents, destroying trading order, or even damaging the power and image of state organs. But our country is lack of investigation into forgery crime, how to understand the connotation and extension of instruments, and the lawsuits in foreign criminal legislation and scholar circle. Thus the forgery of research not only has theoretical significance, but also has of practical value.First, there are three kinds of theories of forgery crime in term of legal interest theory which are power violation, public credit and the safety and reliability of exchanges on legal doctrine, among which public credit is mainstream that forgery crime focuses on the protection of criminal forgery of public documents credit rather than individual rights.Second, in the study the object of the forgery instruments crime, the objects of instruments include documents, certificates, identity documents and seals. Meanwhile, China’s criminal law forgery crimes mainly protect instruments, that is to say the documents and certificates of state organs but forgery of private documents have not yet been included in the crime of forgery.The authenticity of the instrument is made up of three explanations which are formalism, essentism and eclecticism. Our country adopts dualistic theory of formalism and essentism on the authenticity instrument forgery crime and also lays emphasis on the authenticity of reason why instruments are made as well as contents recorded. The nominal person of instruments do not have to exist as long as the person is generally considered to exist in reality, even forged a revocation or virtual stamp may constitute the crime. A forged copy of the officially sealed instruments may also constitute the crime; and falsification of electronic documents should be equally protected.Third, it should be distinguished between counterfeit and alternation in the study of forgery behavior and the forgery in criminal law is in narrow sense which is juxtaposed with alternation. Our forgery crime does not accurately distinguish between tangible and intangible forgery. On the one hand, China’s criminal law protects the form authenticity of instruments, so the object that legislation combat is the behavior that someone who is non-privileged in instrument makes instruments in the name of another person; on the other hand, legislation has taken stand of essentism, which is demonstrated in the behavior that people who have authority to make instrument make false instruments is also defined as crime.Fourth, China’s criminal law has not defined the subjective purpose forgery crime and there is no provision in the legislation regulating whether the purpose of the subjective state of forgery crime should be “to exercise for the purpose.” However, we believe that forgery subjective requirement is just to have the knowledge and general awareness; forgery should be carried out for the purpose of exercising. Most of the foreign criminal laws stipulate that forgery crime requires “exercise for the purpose” in subjectivity.Fifth, in the research of forgery accomplice, simple purchase without direct provision cannot be convicted as an accomplice but if the behavior goes beyond simple cooperation into regular profession, it may constitute complicity. In terms of the quantity of forgery, after forgery, alternation, and the sale of state organs’ documents, certificates, seals, and someone continues to commit other crimes, according to the principles of inclusive offence, the person should be punished as felony. If someone creates documents, certificates, seals of state organs that did not exist, and then takes advantage of the fact to commit other crimes, the person will be punished in accordance with the subsequent behavior of the actual facts and be punished by all the crimes.