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Gu Yongchao:Reflection and Construction: Thoughts on the Criminal Law Regulation of Falsification and Tampering with Archives

时间:2024年02月15日       作者:        来源:

China's current criminal law adopts a "roundabout blows" approach to punish forging and tamperingwith archives, i.e. to curb such acts and punish the perpetrators by combating crimes such as the use of falseidentity documents, impersonation, abuse of authority and forgery of official documents, certificates and sealof state organs. The "roundabout blows" approach has positive significance in regulating the act of forgery andtampering with archives, but it also has the shortcomings of failing to independently evaluate the act of forgeryand tampering with archives in criminal law, relying heavily on related crimes for its effectiveness, and failingto fully comply with the principle of criminality. 'The only way to effectively regulate such acts is to add thecrime of forging or tampering with archives through legislation. The offence should be categorised as a crimeagainst the order of social administration; in terms of the description of the crime, a combination of citation anddescription of the crime should be adopted; in terms of the statutory penalty, reference should be made to thecrime of unauthorised sale or transfer of state-owned archives.