Research On The Crime Of Impersonation

In recent years,the cases of impostors attending college are quite common,which has triggered a heated discussion among the public.Subsequently,in 2020,the 11 th Amendment to the Criminal Law was promulgated to criminalize impostor behavior.So far,how to accurately apply the crime of impostor in judicial practice has become the research focus of current theoretical and practical circles.First of all,starting from the concept of impostor crime,the paper analyzes and demonstrates the legislative value of impostor crime.From the perspective of historical current,the impostor behavior in our country mainly focuses on cheating in the ancient Imperial examination.Secondly,through the understanding and analysis of the three crimes of the crime of impostor,namely "higher education admission qualification","civil servant employment qualification" and "employment placement treatment","embezzlement","false use" and "substitution",the double legal interests of the protection of this crime are demonstrated.That is,the social legal interests of the state’s social management order on the admission qualification of higher education,the employment qualification of civil servants and the employment placement treatment,and the individual legal interests on the admission qualification of citizens’ higher education,the employment qualification of civil servants and the employment placement treatment.The subject of this crime is a natural person who has reached the age of 16,and the unit cannot constitute the subject of this crime.Among them,when the state personnel are the subject of this crime,they should take the advantage of their position when carrying out the act of impostor as a necessary requirement.Secondly,in the identification of the crime of impostor criminal form,the crime "start" sign is when the impostor impostor impostor admission notice to the relevant units for enrollment,entry report is to start.The criterion for the crime of impostor "accomplished" should be the declaration of qualification,that is,when the admission list of the impostor is published on the official website of the unit or posted on the bulletin board of the unit,the crime of impostor is accomplished.In terms of the number of crimes of the impostor crime,when the impostor and the perpetrator of the impostor act in the process of impostor,they forge,alter,buy and sell official documents,certificates and seals of state organs,or use false identity documents or embeded identity documents as criminal means,they should be punished according to the principle of punishment of the implicated offender.As for the number of crimes involving state functionaries,it was made clear that paragraph 3 of the crime of impostor belongs to the provisions of the law.In the form of accomplice,the organization behavior of the form of accomplice involved in the crime of impostor belongs to the special sentencing rule rather than the implementation.In addition,on the basis of the above argument,the author deeply analyzes the situations of coercion,instigation and indirect principal in the instigating behavior of criminals.In the identification of the principal and subordinate offender of the crime of impostor,the judgment criteria should be based on the role of the criminal in the joint crime and the infringement of legal interests of the criminal in the joint crime.Finally,the examination of the problems in the judicial application of the crime of impostor and the solution path are mainly discussed from three aspects.First,the crime of impostor is not covered enough,which leads to the narrow scope of regulation.The expression of the crime should be modified to regulate the behavior that is equivalent to the legal infringement of the crime of impostor,and at the same time,the provision of universality should be added to expand the scope of regulation of the crime.Secondly,the impostor crime penalty set unreasonable influence penalty function play,through the addition of qualification penalty,the construction of weekly fine system and fine easy section system,refine the legal penalty range,reasonable allocation of penalty;Thirdly,the limitation of prosecution for the crime of impostor is not clear,so the starting point of the limitation of prosecution should be stipulated reasonably,so as to achieve the reasonable allocation of judicial resources.