Research On The Identification Of Crime Of Providing Fake Certificates

The crime of providing false certifying documents presents a high incidence in the recent years.By searching on case website I find 123 prosecution documents and 100 written judgement,in which I realize that the crime of providing fake certificate always focus on the field of the valuation of housing and land,,auditing,legal servicing and so on.Therefore I take the case as the starting point to make a comparative analysis of the prosecution documents and written judgement,to find problems behind cases,to find the corresponding solutions guided by problems,and clarifying the judicial determination of the crime of providing fake certification step by step.In view of this,combined with the actual case of macro statistical analysis and micro case analysis,the following problems should be found out,and the crime of providing fake certificates should be identified.First of all,it is the determination of "the clarity of the scope of the intermediary organization" and "the responsibility of the staff of the intermediary organization without professional qualification".This is the key to clarify the scope and responsibility of the subject of the crime from the perspective of the subject of the crime,and it is emphasized that the type and characteristics of the intermediary organization and its staff should be further clarified.It emphasizes that the types and characteristics of intermediary organizations should be further clarified.Secondly,it is the identification of "the type of fake certificates",which illustrates the problems existing in the type of certificates through examples,in order to effectively distinguish the constitution and the type of crime.Thirdly,it discusses the joint crime of this crime,which lies in the fact that the staff of the intermediary organization can not work alone without the affiliation of the intermediary organization.Therefore,in practice,whether the intermediary organization constitutes a unit crime or whether the intermediary organization and its staff constitute a joint crime is of great significance.Finally,it is the determination of "serious circumstances".In this aspect,we need to combine the objective behavior of the actor and the subjective ideology of the crime,such as the investigation and determination of the subject matter and evaluation benchmark data when the actor makes the evaluation behavior,the influence of the law of value,the influence of the change of market situation on the result of proof,etc.on the determination of "serious circumstances" of the crime,the sentencing has Is of vital importance.Different sentencing will be made because of the different results caused by the severity of the criminal circumstances.