Judicial Determination Of Impostor Crime

Article 32 of the Amendment(11)of the Criminal Law lists the act of impostor entering university as the regulation scope of the criminal law,and lists the qualifications of civil servants for recruitment,employment and placement as well as the qualifications of higher education for typed protection.This paper supports the establishment of this crime from the Angle of the positive view of criminal law,and analyzes the problems of legal interest,criminal act,criminal number form and retroactivity of criminal law in the judicial application of this crime.The nature of this crime is natural,and the protection of legal interests is mainly to protect personal legal interests(right of name,right to education,right to work),and to protect supersindividuality legal interests.The crime of theft and theft is tied,different meanings,are invading their legal interests and super individual legal interests,crime including theft,falsely use another identity and relevant qualifications to fill someone else made in the two behaviors,to carry out from the actor began implementing two ACTS at the same time,two behavior theft,falsely use another identity crime to stop at the end of the behavior,thus decided to continue to make this crime.The punishment rules of implicated crime of this crime are mainly based on the rule of "one heavy punishment".The doer of implicated bribery crime is punished together with several crimes of bribery crime on the basis of one heavy punishment.In the joint crime,the perpetrator,the accomplice and the abettor shall be punished accordingly according to the specific analysis of each case.The provisions of the second paragraph of this crime are special sentencing rules for organizing and abetting acts.In the retroactivity problem,on the basis of identifying the crime as a continuing offense,the general principle of "from the old and lighter" punishment.