The Study On The Judicial Determination Of The Crime Of Imposition

Disguising incidents involve social fairness and justice.In addition to the common incidents of imposting to school,the incidents of replacing civil servants’ qualifications and employment and resettlement benefits also occur from time to time.Every time an imposting incident is exposed,it will cause strong public opinion and huge social impact.In this context,the Criminal Law Amendment(11)has added the crime of imposting.After that,the debate on whether to enter the sentence temporarily ended,and then began to discuss the problems that this crime may face in the judicial application,with a view to providing a clearer identification standard for judicial practice.Based on the traditional "four elements system",this paper studies the identification of the constitutive elements of this crime.Since the subjective aspect of this crime is relatively certain,this article will not discuss it.In terms of infringement of legal interests,it analyzes the social legal interests and personal legal interests involved in this crime.The social legal interests include the administrative order of the national education and enrollment examination,the administrative order of the recruitment of civil servants,and the administrative order of employment and resettlement.The personal legal interests include the right to education,the qualification of employment and resettlement treatment,the qualification of civil servants,and the right to personal information.This article believes that the type of legal interests protected by this crime is compound legal interests.In terms of the subject of crime,this paper divides different types of subjects,clarifies that the unit cannot be the subject of this crime,and analyzes the subject of crime based on whether the replaced person is aware of it.In the objective aspect,it discusses the different behavior modes that deserve attention in the theory and practice of this crime,divides the behavior modes into two categories,namely,voluntary and involuntary informed impostors,and analyzes how to identify each behavior mode.The crime of impersonation is usually accompanied by related acts.This paper distinguishes the crime of impersonation from the crime of infringing personal information of citizens,the crime of forgery and embezzlement,the crime of fraud,the crime of taking advantage of duty represented by abuse of power,and the crime of substituting for examination.It mainly starts with the four elements system,and analyzes the differences between this crime in terms of infringement of legal interests,objective behavior mode,completion form and number of crimes.The distinction between the crime and the crime of violating citizens’ personal information mainly focuses on the difference between the way of conduct and the determination of accomplishment;The crime of forgery and misappropriation mainly focuses on the difference between the infringement of legal interests and the way of behavior;The division from the crime of fraud is based on the judgment and identification of property interests.Although the scope of protection of the law of fraud should include property interests,the occupation of educational resources and educational funds involved in the act of impossibility cannot be regarded as property interests;This crime and duty crime are both different and related in terms of infringement of legal interests,and also slightly different in terms of the number of crimes.The crime of impersonation stipulates that organizational offenders and instigators should be given heavier punishment.This article believes that organizational offenders and instigators need to play an indispensable and crucial role in the act of impersonation in order to be given heavier punishment;This article analyzes the identification of non state and state personnel who jointly commit official crimes in accordance with the legal provisions of official crimes.By analyzing the theoretical theory of how to deal with the issue of accomplices in official crimes,it is believed that in the act of impersonation,the roles played by each party in the behavior should be distinguished,in order to determine the main role of official acts;Finally,this charge stipulates that national officials who commit the crime of impersonation and other charges should be punished for multiple crimes.From the perspective of implicated offenders,this article believes that if the general subject commits the crime of impersonation and constitutes other crimes,they should also be punished for multiple crimes.