The Definition Of Offering False Vehicle Safety Inspection Report

Since the vehicle use is increasingly common, in judicial practice, the legal cases of offering false vehicle safety inspection report become more and more, the behavior has the specificality of behavior object and behavior content and other features. Against this behavior, in criminal law, there is no specific corresponding provision for the conviction and sentencing, but from the view of behavioral perniciousness and the possibly caused consequences, this behavior must be regulated.Offering false vehicle safety inspection report refers to the act that the vehicle detection station,against relevant state laws and regulations,providing vehicle safety inspection reports to vehicles which could not through inspection.the characteristics of the act including industry specific, intermediateness,specific content and social harmfulness.from the type,based on whether there exist intermediary,can be divided into the act with intermediary and the act without intermediary.For the controversy of behavior nature, the existing theoretical controversies have four kinds including: offering false documentary evidence, crimes against public security through other dangerous methods, crime of illegal business operations and not guilty. These four theories to some extent present the behavior nature, all have certain rationality from different point of view, but there exists theoretical demerit to a certain extent, difficult to solve all cases. In fact, in order to solve the qualitative problems of this behavior in criminal law, we must recognize the controversy focus, which mainly concentrates on the affirmation of intermediary organization and the legal interest violated by this behavior, namely whether this institution belongs to the intermediary organization in criminal law, and whether the legal interest violated by this behavior is vehicle safety management order, public security order or market order.Analyze the differences of these four accusations based on crime constitution. Through analysis, this organization belongs to the intermediary organization in criminal law, whose behavior directly endangers the market order of intermediary service institution for vehicle security inspection. affirmed as crime of providing false documentary evidence.heiping behavior could be divided into physically heiping behavior and spirit heiping behavior.the vehicle detection station and the helper are affirmed as crime of providing false documentary evidence in the situation of the act with intermediary, the vehicle detection station is affirmed as crime of providing false documentary evidence in the situation of the act without intermediary and the act with spirit heiping behavior.