Research On The Difficult Issues Of The Crime Of Impersonation And Substitution

The addition of the crime of impersonation to the Criminal Law Amendment(XI)Act on December 26,2020 is of great significance in safeguarding the rights of citizens to enjoy educational development and employment treatment in a fair manner and creating a social atmosphere of honesty and trustworthiness.However,the crime of impersonation as a new crime,in the composition of the crime and judicial determination are a lot of difficult issues,and urgent need to carry out in-depth and systematic research.This paper mainly covers the following core contents: The protection of legal interests of the crime of impersonation is a complex legal interest,including both personal and social legal interests.In the wrongful act of impersonation,"theft" and "impersonation" have a cross-relationship,the two overlap in the scope of identity theft,and "impersonation" exists with the conspiracy of the replaced.The "fraudulent use" is a form of complicity with the person being replaced.The "other person" in "other person’s identity" must be a real individual rather than a virtual one;"identity" can include "digital identity The " identity " may include a " digital identity "." The act of "stealing or impersonation" must be combined with the act of "stealing" to reflect the infringement of the legal interests of this crime,which is manifested in the actor’s submission of the stolen or impersonated identity to the relevant authorities.The perpetrator will present his or her identity to the relevant units or departments and present himself or herself in the name of another person.The qualification for admission to higher education,civil service recruitment and employment placement treatment should be precisely grasped with a view to limiting the crime circle to a reasonable extent.The crime of impersonation is a crime of conduct rather than a crime of circumstance,and the criteria of conduct,qualification treatment,purpose motive and circumstance need to be considered in the division of circumstances between crime and noncrime.The second paragraph stipulates that the act of "organizing or instructing" is not a formalization of the act of complicity,but a provision of organizing and abetting the crime.The crime of impersonation and the crime of using false identity documents and fraud have an imaginary competition relationship;and the crime of forging,altering,buying and selling identity documents and the crime of infringing citizens’ personal information have an implication relationship,and should choose a felony.The legislation provides for the imitation of a state employee by using the convenience of his position or organizing or instructing the imitation of a person’s name.The legislation provides for the imitation of a person’s name,which should be an imaginary competition or an implicated crime,to be punished as several crimes,which can be regarded as the legislature’s aggravating punishment for state employees.