On The Crime Of Using False Identity Documents And Misappropriating Identity Documents

Since the reform and opening up,great changes have taken place in China's social form,and the flow of people has become increasingly frequent.On the other hand,terrorism has become the number one threat to public security in today's world,and "lone Wolf" terrorist attacks are constantly being staged around the world.In such a realistic background,identity verification is particularly important.However,due to various reasons,there have been a large number of ACTS of using false identity documents and stealing identity documents.If this act is not effectively regulated,it will definitely impair the public management function of relevant state organs,affect the credibility of identity documents,undermine social order and damage the lawful rights and interests of citizens.Therefore,article 23 of the amendment to criminal law(ix)stipulates this act as a crime.The crime of using false identity documents and misappropriation of identity documents reduces the threshold for ordinary people to commit crimes at the legislative level.The necessity and legal application of this crime is a subject of great concern in the theoretical circle and judicial practice circle of China's criminal law,which is the focus of this paper.Based on the legislative background of the crime,the author investigates the judicial status of the crime and demonstrates the necessity of the crime in combination with the theory of criminal law.It is true that the use of false identity documents and the embezzlement of identity documents have been explicitly prohibited in current administrative laws,and the intensity of punishment is not small.However,it is unable to change the phenomenon of the abuse of identity documents.For a long time,the traditional concept of Chinese citizens attaches great importance to punishment but relatively ignores administrative punishment.The amendment of criminal law(9)will lead and regulate the value orientation of citizens' behaviors.In terms of the application of law,the author thinks that other identification documents in this crime refer to the establishment of a certificate with public management function and national credibility that can be used to prove the identity of the holder in accordance with laws,regulations or departmental rules.The legal interest of this crime is the public credit of identity documents,whose identity is exclusive and non-transferable.Although the borrowing behavior has obtained the consent of the certificate owner,it is still illegal in essence to infringe the public credit of identity documents.The identity certificate is a legal document that records the personal identity information of citizens in accordance with the law.In the social activities with legal significance,the identification verification party has the trust interest of providing real identification documents to the actor."Activities that should be provided with identification in accordance with state regulations" are relatively important social and economic activities or public management matters.The use of false identity in these activities will disturb the relevant management order and cause serious social harm.In these activities,the act of borrowing another's identity documents is not different from the act of making good use of legal interests.Therefore,it is not improper to expand the act of "stealing" identity documents into "using" identity documents from the perspective of protection of legal interests.However,the scope of including "misappropriation" into the criminal law is beyond the scope of the literal meaning of "misappropriation" and beyond the possibility of national prediction,which is an expanded interpretation that should be strictly limited.Implement the real-name system,at the same time as more and more industry should be provided in accordance with the provisions of the state identification activities infiltrate into all aspects of the citizens' lives,for convenient use associate id into the Internet aboard a train,hotel accommodation,business premises,delivering packages in a certain period of time will abound.If all such ACTS are included into the scope of the criminal law regulation section to impose penalties,it will inevitably lead to a wide range of penalties that do not conform to the public's perceptual knowledge of the criminal law,and it is difficult to achieve a better social effect.Therefore,although the act of borrowing others' identity documents infringes relevant legal interests,it is not appropriate to consider the act of borrowing others' identity documents as "misappropriation" based on the current social reality from the perspective of the modesty of the criminal law.At the same time,the author makes a preliminary discussion on the qualitative problem of "serious circumstances" in the crime.Specifically,the number of USES,motivation,consequences and whether there is a previous record to seriously disrupt the management order of related matters are all factors that need to be considered.This article is divided into four parts.The first part elaborates the legislative background and necessity of using false identity documents and stealing identity documents.The second part discusses the judicial status of using false identification documents and misusing identification documents.The third part mainly discusses the scope of other "documents that can be used for identification according to law" in the crime of using false identity documents and stealing identity documents.The fourth part mainly analyzes the connotation of "embezzlement" in the crime of using false identity documents and misappropriating identity documents.