On The Criminal Legislation Of The Defendant’s False Identity Information

With the rapid development of economy and society,the increase of people’s mobility,the increasing form of social life,the criminal defendants show the characteristics of off-site mobility,in order to escape the legal responsibility of criminal offenders in the litigation process of false identity Ithers.Finds.s.ither outcomees draft composition calling The composition draft outcome:As the subject of criminal proceedings plays an important role in the process of criminal proceedings,it plays a decisive role in the process of criminal proceedings."The defendant’s false identity information behavior not only seriously affects the judicial efficiency and judicial fairness,but also causes the bad social consequences of violating the rights and interests of others.China’s criminal procedure law and the relevant provisions of the judicial interpretation of the main body of the criminal proceedings is unknown,there is no evidence to prove that the identity of the defendant can report their own litigation activities.The fact that the judiciary has taken the identity of the defendant to identify the identity of this approach to a certain extent,improve the efficiency of the handling of the judiciary,but also triggered a new problem.The "defendant false identity information" legislation,should be consistent with the basic laws and requirements of criminal legislation.The essence of crime is the infringement of legal interest,the degree of legal infringement to achieve the standard of criminal legislation and the need for the adoption of legislation should be the way to criminalize the law.This paper puts forward the necessity and concrete conception of"the defendant ’s false identity information" by analyzing the status quo of "the defendant’s false identity information" and the harm to the infringement of legal interest.This paper is divided into the following four parts:The first part,"the defendant false identity information" overview,this part of the main body of the criminal proceedings of the status quo,and discussed the "defendant false identity information" status and characteristics.The second part,"the defendant false identity information," the motives and hazards,analysis of the defendant why the false identity information,what kind of motivation,and do so may cause problems,what will cause harm.The third part,"the defendant false identity information" legislation necessity.In order to solve the problem of "the defendant’s false information",it is necessary to clarify the necessity of "the defendant’s false information" from the three aspects of punishing crime,maintaining social order and international connection.The fourth part of the "defendant false identity information" legislative ideas.This article constructs the conception of the "false information of the defendant" from the aspects of conviction and sentencing,and analyzes some sentencing principles after the legislation from the practical point of view.