Legal analysis
The crime of forging, altering or buying and selling official documents, certificates and seals of state organs refers to the act of illegally manufacturing, altering or buying and selling official documents, certificates and seals of state organs. 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.
legal ground
Article 280 of the Criminal Law of People's Republic of China (PRC) * * * Whoever forges, alters or 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 or 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. Article 280-1 Whoever uses forged, altered or embezzled other people's identity cards, passports, social security cards, driver's licenses and other certificates that can prove his identity according to law in activities that should prove his identity according to state regulations, if the circumstances are serious, shall be sentenced to criminal detention or public surveillance and shall also or only be fined. Whoever commits the acts mentioned in the preceding paragraph and constitutes other crimes shall be convicted and punished in accordance with the provisions of heavier punishment. Article 280 bis Whoever steals or fraudulently uses another person's identity to obtain the qualifications for admission to institutions of higher learning, employment of civil servants and employment placement on behalf of another person shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined. Whoever organizes or instigates others to commit the acts mentioned in the preceding paragraph shall be given a heavier punishment in accordance with the provisions of the preceding paragraph. State functionaries who commit the acts mentioned in the preceding two paragraphs, which constitute other crimes, shall be punished in accordance with the provisions of combined punishment for several crimes.