Legislative Review And Judicial Application Of Impersonation

The act of impersonation is a new type of problem that has become increasingly prominent with the exposure of social media and the fermentation of public opinion.China’s previous general regulations on such behavior can no longer cope with the diversity of methods of impersonation and the serious social harmful consequences it brings.In the Eleventh Amendment to the Criminal Law of the People’s Republic of China,the addition of the crime of impersonation is a positive response to the handling of impersonation in criminal legislation,an effective means of preventing and deterring impersonation,and an inevitable choice to maintain the stability and stability of social management order.The settling of the dust of legislation makes its future legislative review and judicial application the focus of the legal theoretical and practical circles.Because the academic circles are not clear about the legislative concept of "symbolic legislation" and "preventive criminal law concept",and the description of the provisions themselves is unclear and lack of relevant judicial interpretation,Therefore,this article advocates a positive and cautious view on the development of criminal law from the perspective of dialectical views on "symbolic legislation" and "preventive criminal law".At the same time,due to different individuals’ different understandings of the meaning of legal keywords,the accurate application of the crime of impersonation remains a major challenge in legislative review and judicial practice.As a result,the legislative creation of an independent crime of impersonation has not yet become a "panacea" to solve the root problem of judicial recognition in practice.In judicial practice,the recognition of impersonation behavior must carefully implement the requirements of the principle of legality of crime and punishment and the adaptation of crime,responsibility and punishment,closely adhere to the appropriateness of its constituent elements,and strictly distinguish between different specific situations of impersonation behavior,determine whether it is a crime,and determine what crime is established for conviction and sentencing.Therefore,the details of the key elements of this crime,such as "misappropriation","fraudulent use","replacement" and "organizational behavior",need to be clarified,In particular,the "organizational behavior" in the crime of impersonation is compared with the organizational behavior in the general provisions of the criminal law and further compared with the implementation of organizational behavior,so as to further draw a conclusion that the "organizational behavior" of the crime of impersonation is not in the implementation of organizational behavior.By comparing and analyzing the implementation of behaviorism or special sentencing rules for organizational and directive behavior,and combining the characteristics and content of the second paragraph of the crime of impersonation,it is concluded that it belongs to the special sentencing rules for organizational and directive behavior,And through a comprehensive understanding of the provisions of the third paragraph of the crime of impersonation,it is finally divided into "legal fiction" in "attention provisions","legal fiction" and "directive provisions".Finally,by identifying the act of impersonation in the crime of impersonation as a continuous illegal state,the issue of statute of limitations for prosecution is further clarified,with the aim of making the crime truly applicable in judicial practice without being shelved.