legal subjectivity:
The crime of forging documents is not only a crime of forging documents of state organs; First, the subject of the crime is the general subject, that is, anyone who has reached the legal age of criminal responsibility and has the ability of criminal responsibility can constitute the crime; Second, the object of this crime is the normal management activities and reputation of state organs; Official documents produced by state organs, seals and certificates used are important vouchers and means for their management in certain fields and aspects of society. Any act of forging or altering state official documents, certificates and seals will affect its normal management activities and damage its reputation; Three, the crime can only be subjective out of direct intent, indirect intent or negligence does not constitute the crime; Fourth, the objective aspect of this crime is that the perpetrator has forged, altered, bought or sold or stolen, robbed or destroyed the official documents, certificates and seals of state organs. The above four elements are indispensable, otherwise it will not constitute the crime. This behavior of the parties has all met the constitutive requirements of the crime of forging documents. Article 28 of the Criminal Law commits the crime of forging, altering, buying or selling official documents, certificates and seals of state organs; Crime of stealing, robbing or destroying official documents, certificates and seals of state organs; Crime of forging seals of companies, enterprises, institutions and people's organizations; Crime of forging, altering, buying and selling identity documents Whoever forges, alters, buys or sells 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, and shall also be fined; 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 and shall also be fined. Whoever forges the seals of companies, enterprises, institutions and people's organizations shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined. Whoever forges, alters or buys or sells identity cards, passports, social security cards, driver's licenses and other documents that can be used to prove identity according to law shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. Legal objectivity:
the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the State Administration for Industry and Commerce, on May 8, 1998, stipulated that cases of motor vehicle theft and robbery should be investigated according to law. Whoever forges, alters, buys or sells motor vehicle license plates and relevant certification documents for motor vehicle entry, transfer and verification shall be punished in accordance with the provisions of Article 28, paragraph 1, of the Criminal Law. The Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Destruction of Forest Resources dated November 17, 2 stipulates that if the crime of forging, altering, buying or selling forest cutting licenses, timber transport certificates, forest, forest land ownership certificates, forest land occupation or requisition approval, payment receipts such as afforestation funds and forestry certificates approved by other state organs constitutes a crime, it shall be convicted and punished for the crime of forging, altering, buying or selling official documents and certificates of state organs. Those who buy and sell business licenses such as import and export licenses and other business licenses, and at the same time constitute other crimes, shall be convicted and punished in accordance with the provisions of heavier punishment. The Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Destruction of Wild Animal Resources dated November 17, 2, if forging, altering, buying or selling official documents and certificates of wildlife import and export permit, special hunting and catching license, hunting license, domestication and breeding license issued by state organs constitutes a crime, they shall be convicted and punished for forging, altering, buying or selling official documents and certificates of state organs. Whoever commits the above-mentioned acts constitutes a crime, and at the same time constitutes a crime of illegal business operation, shall be given a heavier punishment. In addition, those who forge, alter, buy or sell official documents, certificates and seals of state organs, and then use them to commit other crimes, shall be punished as a felony, and shall not be punished for several crimes.