Impostor’s Behavior Should Not Be Criminalized Alone

The crime of impostor has been added to the Amendment(XI)to the Criminal Law,which identifies as a crime the behavior of “Whoever,by stealing and using or by falsey using the identity of any other person,obtains the qualification to highter education or the qualification as a public servant or receives the employment placement benefit ”.Impostor’s behavior into the punishment is an urgent need to protect the legal interests of individual and society,a practical need for the lack of regulation by other legal means,and a common wish of the people,indicating that this act is punishable by criminal law.However,recognizing that it is criminally punishable does not mean that we have to make a separate crime.Starting from legislation technology,adding the crime of impostor in criminal law is contrary to the theory of stability,necessity,coordination and protection of legal interests of criminal legislation.From the perspective of judicial practice,the crime of impostor has little applicable space and is easy to be reduced to "zombie clauses",which cannot effectively play the deterrent and prevention role of criminal law.Therefore,it is unscientific to add the crime of impostor alone to amend the law.According to the norms of criminal law,impostor’s behavior belongs to combination behavior and group fraud.From the perspective of the involved link and the involved subject,the impostor’s behavior can be eliminated with the current criminal law charges,and some controversial charges can be interpreted or amended by the criminal law,basically meeting the regulation requirements after impostor’s behavior is not criminalized separately.The paper is divided into five parts:The first part,mainly introduces the research status of imposter’s behavior,the existing problems in the existing research,and the research methods and ideas to solve the problems.The second part,mainly from the impostor’s behavior of social harm,legal regulation means and impostor criminalization of public opinion basis of these three aspects,the impostor’s behavior has criminal punishment.Before the separate crime,although there was no the crime of impostor in the criminal law,the imposter event seriously infringed on the interests of the people,hindered the normal operation of the society and caused bad social influence,which should be punished by criminal law.The third part,mainly questions the legislation that sets special charges to punish impostor’s behavior separately,explores the reason why impostor’s behavior is not set as a crime separately,and lays a foundation for the regulation conception after impostor’s behavior is not set as a crime separately.It includes the impostor’s behavior separate crime damages the stability and necessity of criminal law,violates the principle of criminal law coordination,lacks the clear and independent legal interest protection object and lacks the judicial effectiveness of the separate crime.The fourth part,mainly following the content of the third part,probing into the regulation way after impostor’s behavior is not only set as a crime,and provides suggestions for solving the difficult problems in judicial practice.Including the current criminal law to eliminate impostor behavior,improve the relevant dispute charges.In "Dissolving impostor’s behavior with current criminal charges",it proposes to solve the criminal responsibility of impostor’s behavior from the links and subjects involved in the case.In "improving the relevant controversial charges",it advocates improving the two relatively controversial charges,the crime of using false identity documents and the crime of forging official documents of state organs,so as to strictly establish the legal network for the regulation of impostor’s behavior.The fifth part is the conclusion.Make a brief summary of the previous content and put forward the shortcomings of the research.