Study On The Criminal Evaluation Of Impostor Act

Since the acts of impostors have been exposed in 2020,they have aroused widespread concern in the whole society.It has been more than half a year from being exposed to being sentenced.The penalties for impostors are enough to explain the great harm to social public order and the legal rights of individuals.In order to protect the freedom of citizens,maintain social public order and fairness and justice,the regulation of impostors cannot be delayed.This article takes the regulation of impostor behavior as the starting point,and summarizes the controversial issues in the regulation of impostor behavior by selecting and sorting out typical cases.The focus of controversy over the determination of behavior is focused on Article 280,Article 280 One,and Article 280 bis of the Criminal Law.The full text is mainly divided into four parts as follows:The first part mainly introduces two typical,different types of impostor cases,and takes two different types of impostor cases as the entry point,and extracts the controversial issues in the determination of the crime of impostor behavior.The second part unfolds the first controversy.It revolves around the identification of "forgery" in the crime of "counterfeiting official documents of state organs" in the process of impostor.The author sorted out the theoretical classification of "forgery" at home and abroad,and my country The theoretical circles hold the traditional position on the determination of "forgery" in this crime,and finally put forward the author’s point of view that the determination of "forgery" in this crime should take into account both tangible and invisible forgery,and use this position to respond to the "forgery" in impostor.The third part is the development of the second controversy,on the key points of the identification of suspected crimes of "using false documents and embezzlement of identity documents" in the process of impostor,how to determine the "documents" stipulated in this crime.Regarding the scope of the "documents that can be used to prove identity in accordance with the law" stipulated in this crime,the author combed the views of domestic scholars.Finally,the author compared,summarized,and refined his own standards for understanding the "documents" of this crime and demonstrated and explained,And responded to the specific controversy in the impostor case.The fourth part is the expansion of the third question.The author found many cases of impostor establishment through case search.After impostor was sentenced,the clause stated that except for higher education qualifications,only civil servant employment qualifications and employment placement treatment.It does not expressly reflect the protection of the establishment of the enterprise.In this regard,the author believes that the "civil servant" can be identified as the path to break the bureau,expand the interpretation of the "civil servant",and include the establishment of the enterprise,so as to realize the criminal law protection of the establishment.In this regard,the author demonstrated the necessity and rationality of the expanded interpretation of "civil servants",and summarized the positive significance of the exploration,hoping to help the future judicial application of new crimes.