伪造文书罪的法益比较研究
发布时间：2018-09-06 06:45
【摘要】：近年来,我国的市场经济体制的逐步确立和完善,社会中经济贸易与往来发展迅速,然而,相对于经济社会的快速发展,我们的社会管理却没有相应的跟上经济的步伐,社会管理上的疏漏为伪造类犯罪提供了可乘之机,且有愈演愈烈之势。目前理论界对伪造类犯罪的研究重心大多是放在伪造货币、伪造增值税专用发票、非法制造、销售非法制造的注册商标等社会危害性相对较大、犯罪危害波及面相对较广的一些重点罪名上,而在伪造类犯罪中,伪造文书罪的研究一直以来没有受到理论界积极有效的关注,更为值得引起注意的是,伪造文书犯罪在我国刑法中并无具体的罪名认定,对于该罪的规定是通过侵犯法益的种类不同,刑法规定的不同罪名分散地规定于我国刑法的不同法条之中,对于这伪造文书罪的研究尚处于初始探讨阶段。因此,笔者从办理伪造文书犯罪案件中获得的启示,以及为维护社会主义市场经济健康运行的现实所需,对伪造文书罪进行深度研究探索,从伪造文书罪法益的角度对三个主要大陆法系国家的理论进行比较研究,试图从各国不同的学说中寻找得失,从法益保护的角度为我国伪造文书罪的规范提供有益借鉴。
[Abstract]:In recent years, with the gradual establishment and perfection of the market economy system in our country, the economic trade and exchanges in the society have developed rapidly. However, compared with the rapid development of the economic society, our social management has not kept up with the pace of the economy. The omissions in social management provide opportunities for forgery crimes, and become more and more serious. At present, most of the theoretical circles focus on counterfeiting currency, forgery of special value-added tax invoices, illegal manufacture, sale of illegally manufactured registered trademarks, etc., which are relatively harmful to society. The harm of crime has spread to some key crimes, but in the crime of forgery, the research on the crime of forgery has not been paid active and effective attention to by the theoretical circle, and what is more worthy of attention is that the crime of forgery is a crime of forgery. The crime of forgery of documents has not been found in the criminal law of our country. The provisions of this crime are different in the categories of infringement of legal interests, and the different crimes stipulated in the criminal law are scattered in different articles of criminal law of our country. The research on the crime of forgery is still in the initial stage. Therefore, the author obtains the enlightenment from handling the crime of forgery document, and in order to maintain the realistic need of the healthy operation of the socialist market economy, carries on the deep research exploration to the crime of forgery document. This paper makes a comparative study of the theories of the three major civil law countries from the angle of the legal interests of the crime of forgery, and tries to find out the gains and losses from the different theories of different countries, and to provide useful reference for the norms of the crime of forgery of documents in China from the angle of the protection of legal interests.
【学位授予单位】：东南大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D924.3
本文编号：2225564
[Abstract]:In recent years, with the gradual establishment and perfection of the market economy system in our country, the economic trade and exchanges in the society have developed rapidly. However, compared with the rapid development of the economic society, our social management has not kept up with the pace of the economy. The omissions in social management provide opportunities for forgery crimes, and become more and more serious. At present, most of the theoretical circles focus on counterfeiting currency, forgery of special value-added tax invoices, illegal manufacture, sale of illegally manufactured registered trademarks, etc., which are relatively harmful to society. The harm of crime has spread to some key crimes, but in the crime of forgery, the research on the crime of forgery has not been paid active and effective attention to by the theoretical circle, and what is more worthy of attention is that the crime of forgery is a crime of forgery. The crime of forgery of documents has not been found in the criminal law of our country. The provisions of this crime are different in the categories of infringement of legal interests, and the different crimes stipulated in the criminal law are scattered in different articles of criminal law of our country. The research on the crime of forgery is still in the initial stage. Therefore, the author obtains the enlightenment from handling the crime of forgery document, and in order to maintain the realistic need of the healthy operation of the socialist market economy, carries on the deep research exploration to the crime of forgery document. This paper makes a comparative study of the theories of the three major civil law countries from the angle of the legal interests of the crime of forgery, and tries to find out the gains and losses from the different theories of different countries, and to provide useful reference for the norms of the crime of forgery of documents in China from the angle of the protection of legal interests.
【学位授予单位】：东南大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D924.3
【参考文献】
相关期刊论文 前4条
1 祁若冰;尹晓涛;;变造国家机关证件罪的司法认定[J];人民司法;2009年08期
2 宋强;我国公、私文书及其证明力之探讨[J];法学评论;2004年02期
3 翟东堂,郭伟平;证据能力和证据证明力的关系初探[J];商丘师范学院学报;2001年03期
4 裴苍龄;关于证据效力的研究[J];现代法学;1995年01期
，本文编号：2225564
本文链接：https://www.wllwen.com/falvlunwen/xingfalunwen/2225564.html
