Crime of forging, altering, buying and selling official documents, certificates and seals of state organs 1. The crime of forging, altering, buying and selling official documents, certificates and seals of state organs (Article 280 1 of the Criminal Law) refers to the act of illegally manufacturing, altering, buying and selling official documents, certificates and seals of state organs. Second, the composition of this crime (1) Object Elements The object of this crime is the normal management activities and reputation of state organs. Official documents, seals and certificates used by state organs are important vouchers and means for management activities in certain fields and aspects of society. Any act of forging, altering, buying or selling official documents, certificates and seals of state organs will affect their normal management activities, damage their reputation and thus undermine the social management order. The object of this crime is official documents, certificates and seals, and it is limited to those of state organs. The so-called official documents generally refer to written documents produced by state organs for contacting affairs, guiding work and handling problems, such as orders, instructions, decisions, notices, letters and telegrams. Some documents issued in the name of the person in charge and the name of the unit are also official documents. The text of the official document can be in Chinese or foreign languages; It can be printed or written, both of which have the legal effect of official documents. The so-called documents refer to documents produced and issued by state organs to prove identity, position, rights and obligations or other relevant facts, such as marriage certificate, work permit, student ID card, passport, household registration transfer certificate, business license and driver's license. Acts of forging or altering passports, visas and other entry-exit certificates and resident identity cards, if otherwise provided for in this Law or this Article, shall not be punished for this crime. The so-called seal refers to the official seal or special seal engraved by state organs to show the identity of the subject with words and pictures. They are the symbols and signs of state organs exercising their functions and powers, and official documents can only take effect after they are stamped with official seals. Private seals and seals used for the affairs of state organs are also regarded as the seals mentioned in this paragraph. (II) Objective Elements This crime is objectively manifested as the act of forging, altering, buying and selling official documents, certificates and seals of state organs. The so-called forgery means that the producer has no right to make forged official documents, certificates or seals, including making a forged official document, certificate or seal illegally without a certain official document, certificate or seal at all, and copying and forging another forged official document, certificate or seal by imitating its characteristics when a certain official document, certificate or seal exists. It includes both forgery or production by non-state staff and unauthorized production by state staff. In addition, imitating the handwriting of the person in charge who has the right to issue official documents and certificates should also be punished as forgery. The so-called alteration refers to the processing and reorganization of real official documents, certificates or seals by means of alteration, erasure and splicing, so as to change their true contents. The so-called sale refers to the paid transfer of official documents, certificates or seals of state organs, including sale. As for the official documents, certificates and seals for sale, they can be genuine or forged or altered. (3) Subjective elements The subject of this crime is the general subject, that is, anyone who has reached the legal age of criminal responsibility and has the capacity for criminal responsibility can constitute this crime; (4) Subjective elements This crime can only be subjective due to direct intention, and indirect intention and negligence do not constitute this crime. If the perpetrator stole a company's handbag for the purpose of stealing money, I didn't expect that the bag contained a company's official documents and certificates. In this way, the perpetrator only constitutes theft, not this crime. Three. Punishment According to Article 1 of this article, whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention control or deprivation of political rights; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than 3 years 10 years. Four. Law and Judicial Interpretation [Criminal Law Provisions] Article 280, paragraph 1, whoever forges, alters, buys or sells or steals, seizes or destroys official documents, certificates and seals of state organs shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years [Supplementary Provisions of the Criminal Law] Decision of the NPC Standing Committee on Punishing Crimes of Foreign Exchange Fraud, Foreign Exchange Evasion and Illegal Trading. 2. Whoever buys or sells forged or altered customs declarations, import certificates, approvals from foreign exchange administration departments or other official documents, certificates and seals of state organs shall be convicted and punished in accordance with the provisions of Article 280 of the Criminal Law. [Relevant laws and regulations] Article 27 of the Import and Export Commodity Inspection Law. Forging or altering commodity inspection documents, seals, seals and quality certification marks, which constitute a crime, shall be investigated for criminal responsibility by applying mutatis mutandis the provisions of Article 167 of the Criminal Law; If the circumstances are minor, the commodity inspection authorities shall impose a fine. Article 37 of the Wildlife Protection Law: Anyone who forges, resells or transfers a special hunting and catching license, a hunting license, a domestication and breeding license or an import and export permit certificate shall have his certificate revoked by the wildlife administrative department or the administrative department for industry and commerce, confiscate his illegal income and may also be fined. Whoever forges or resells a special hunting and catching license or a certificate of import and export permission, if the circumstances are serious and constitute a crime, shall be investigated for criminal responsibility by applying mutatis mutandis the provisions of Article 167 of the Criminal Law. Article 39 of the Foreign Trade Law Whoever forges or alters import and export certificates of origin and import and export licenses shall be investigated for criminal responsibility in accordance with the provisions of Article 167 of the Criminal Law; Whoever buys or sells import and export certificates of origin or import licenses or forged or altered certificates of origin or import and export licenses shall be investigated for criminal responsibility by applying mutatis mutandis the provisions of Article 167 of the Criminal Law. If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel of the unit shall be investigated for criminal responsibility in accordance with or by applying mutatis mutandis the provisions of Article 167 of the Criminal Law. Article 42, paragraph 2, of the Forestry Law, whoever forges a tree cutting license, a timber transportation certificate, an export approval document or an import and export permit certificate shall be investigated for criminal responsibility according to law. Article 18 of the Regulations on Nuclear Export System: Anyone who forges, alters or buys or sells a nuclear export license shall be investigated for criminal responsibility according to law. [Judicial Interpretation] Article 2 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Fraudulent Purchase of Foreign Exchange and Illegal Trading of Foreign Exchange (Fa Shi [2000] No.20 1998.8.28) stipulates that the criminal law shall be applied to those who forge, alter, buy or sell customs declarations, import certificates and documents approved by foreign exchange administrations, or purchase the above forged or altered documents. Article 13 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Destruction of Forest Resources (2000. 1 1.22 Law Interpretation [2000] No.36) involves forging, altering, buying and selling forest cutting licenses, timber transportation certificates, ownership certificates of trees and forest land, approval documents for occupation or requisition of forest land, afforestation funds and other payment vouchers and other state organs. Whoever engages in business licenses such as import and export licenses and commits the crimes stipulated in Articles 225 and 280 of the Criminal Law at the same time shall be convicted and punished in accordance with the provisions of heavier punishment. Article 9 (1) of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Destroying Wildlife Resources (2000. 1 1.27 Law Interpretation [2000] No.37) forges, alters, buys or sells official documents and certificates such as wildlife import and export licenses, special hunting and catching licenses, hunting license, domestication and breeding licenses issued by state organs, which constitutes a crime. 【 Related Judicial Interpretation Document 】 Reply of the Supreme People's Procuratorate Research Office on whether buying and selling forged certificates of state organs constitutes a crime (1999.6.2 1). Where the responsibility for buying and selling forged certificates of state organs should be investigated according to law, the provisions of the first paragraph of Article 280 of the Criminal Law can be applied to investigate the criminal responsibility for buying and selling certificates of state organs.