China News Service, Beijing, June 30 (Reporter Liang Xiaohui) The draft of the Criminal Law Amendment (11) is being submitted to the 20th meeting of the Standing Committee of the 13th National People's Congress for deliberation. In response to the recent issue of “impersonation to school” in Shandong, which has attracted public attention, members of the Standing Committee of the National People’s Congress generally proposed to include corresponding crimes in the amendments to the criminal law and add a large number of criminal standards to legislate to ensure the safety of citizens’ future. .
Bad nature suggest to imprison "impersonation to school"
Pang Lijuan, member of the Standing Committee of the National People's Congress, recommended that the college entrance examination be replaced by “substituting for admission” and criminal responsibility should be investigated. "We have safeguarded the'overhead security' of the people,'travel security' of the masses, and'security on the tongue' of the masses, and similarly we have to safeguard the'future security' of the masses."
In terms of the feasibility of conviction, Liu Jixing, member of the Standing Committee of the National People's Congress, pointed out that one of the most basic characteristics of a crime is its social harmfulness, such as theft and fraud. These acts constitute a crime when they reach a certain amount. "Stealing and defrauding other people's money constitutes a crime, and this kind of stealing other people's admission qualifications and stealing others' development prospects is much more harmful than defrauding and stealing other people's money." Strike it.
Zhu Mingchun, member of the NPC Standing Committee, also holds this view. He further pointed out that there is currently no punishment for this kind of "substitute", and other people involved, such as education authorities, school managers or local household registration managers, who participate in the counterfeiting chain, will have the crime of forging official documents or other crimes. For the replacement, it does not constitute a crime. Therefore, we should take advantage of this revision opportunity to establish a crime, comprehensively establish the "criminal obstruction of higher education examination admission" or set up a single "crime to impose admission crime."
Zhang Yesui, member of the Standing Committee of the National People's Congress, said that when the Criminal Law was revised in 2015, special funds had been added to the problem of cheating in the exams that were prominent in the society at that time. After that, the number of cheating cases in the college entrance examination was significantly reduced in recent years, which shows that the role of the criminal law is very large. It is suggested to add another clause below one of the existing Article 284 of the Criminal Law, namely, "Impersonation to cheat while attending school".
Filling the gap, suggesting to add "crime of misappropriation and misuse of others' identity"
During the group review, many voices believed that the essence of "impersonation to go to school" was actually theft and misuse of other people's identities, and that "crime of misappropriation and misuse of other people's identities" should be added to the criminal law to fundamentally solve the problem.
Ding Zhongli, deputy chairman of the Standing Committee of the National People’s Congress, pointed out that there is currently no “impersonation” in Chinese laws, but these kinds of things are very bad and there is great public outrage. Can you take this into consideration when you amend the criminal law this time, Put impostor into sin. "There are not only impostors who go to college in society, but also other imposters that need to be severely cracked down."
Based on the current criminal law, Li Wei, member of the Standing Committee of the National People's Congress, pointed out that there are about 10 offenses that can be punished for impostor crimes or related to them. Crime of fraud, crime of falsifying national official seals, crime of organizing examination cheating, crime of illegally providing answers to test questions, as well as crime of assassination, perjury, and the replacement of the crime of criminal law amendments (9), but the punishment here is basically the state There are no corresponding penalties for “imposters” in the criminal law of the staff of the government, or those who let others take the exam.
He suggested that imposters be held accountable for criminal responsibility, also known as the crime of substitution, to distinguish it from the criminalization amendment (9).
"There is always a crime in the criminal law, that is, the crime of "theft and misuse of others' identity." Yu Zhigang, member of the Standing Committee of the National People's Congress, pointed out that the relevant behaviors continue to touch the public's nerves and have long been resolved in a way to combat accompanying sexual crimes. . For example, the crime of falsifying and altering ID cards, falsifying and altering official documents and seals, embezzling and using others’ identity to go to college, and using others’ facial images to make obscene videos, and using politicians to publish some messages related to social security and stability. And fraudulent people in the financial industry to release news about the financial futures market and so on. "This phenomenon is directly related to the misappropriation of the identity of others."
He stated that it is always a solution to these problems in the fight against concomitant sexual crimes. I am afraid it is not a long-term solution. He suggested adding the crime of misappropriation and fraudulent use of others as appropriate.
Safeguarding recommendations to increase "crimes against citizens' right to education"
Xu Xianming, member of the Standing Committee of the National People's Congress, said that the widespread use of counterfeiting to infringe upon citizens' right to education is related to the unfavorable nature of judicial protection for citizens' right to education. Judicial inaction is also related to insufficient legislative basis. Therefore, it is recommended that this amendment to the Criminal Law add "crimes against citizens' right to education".
He further pointed out that the object infringed by the crime is a composite object, one is the constitutional rights of citizens, the second is the fair system of education, and the third is the personality rights such as the names of citizens. Its deliberate, objective aspects and consequences are consistent with the crime constituting the incident. For the punishment of this crime, the ultimate beneficiary can be the scholar who is the principal offender and the rest are accessory offenders. This can reduce the attack surface and capture the main aspects of the contradiction. The establishment of this crime can fundamentally solve the problem of counterfeiting.
Fu Ying, member of the Standing Committee of the National People's Congress, expressed support for this. She pointed out that the design of the Chinese education system is fair, and the replacement incident in Shandong is not a trivial matter, but also has an impact on the credibility of the system. "From the perspective of legislation, the National People's Congress can respond to major social issues, solve the issues of concern to the people and improve social equity by improving the legal system." (End)