[Boutique] to provide false proof files

According to the provisions of Article 229 of the Criminal Law of China, the crime of providing false certification files refers to the intermediary organizations and their personnel who undertake the duties of asset evaluation, capital verification, verification, accounting, auditing, legal services, etc., deliberately provide false proof files and serious acts. . The criminal subject of this crime consists of two aspects: First, the unit, that is, the intermediary organization. The second is the natural person, that is, the intermediary organization personnel. Unit crime, that is, intermediary organization crime. China's criminal law clearly lists six types of intermediary organizations, namely, intermediary organizations that undertake asset evaluation, capital verification, verification, accounting, auditing, and legal service duties. However, it is not limited to this. It also includes other intermediary organizations that undertake independent professional certification and service business.

Generally speaking, where a certificate is issued in the name of a unit, that is, if the unit's special seal is affixed or other means are proved to be issued by the unit, it shall be a unit crime. In reality, certain documents must be issued in the name of an intermediary organization rather than in the name of an individual. However, if the personnel of an intermediary organization privately provide services, the false certification file is not notified to the unit at all, and the unit seal management is not strict, resulting in the unit being Uninformed cases are organized by intermediaries to constitute a crime.

According to the provisions of the Criminal Law, in addition to the penalty for the unit, the unit directly responsible person and other directly responsible personnel shall be punished in accordance with the penalties for natural person crimes. For a natural person in a unit crime, it is necessary to distinguish between the natural person as the criminal subject and the crime. Although any criminal act is carried out by an individual who is a natural person, it is also the act of providing a false certificate file by the person in charge directly responsible for the intermediary organization as a natural person and other directly responsible persons. In different circumstances, the act is The subjects represented are not the same. The behavior of the actor who is directly responsible and other directly responsible personnel is actually a unit behavior. Therefore, the criminal consequences caused by the behavior should be attributed to the unit. According to the double penalty system imposed on unit crimes in China’s criminal law, the intermediary of the implementation behavior The person in charge directly responsible for the organization and other directly responsible personnel become the bearers of part of the criminal responsibility, but at this time only the intermediary organization is the subject of crime. If the perpetrator can only represent the perpetrator himself, he or she should bear all criminal responsibility, and the perpetrator itself is the subject of the crime. The boundary of the distinction is the identity and the name of the intermediary organization personnel who implement the behavior. If there is evidence such as the official seal of the intermediary organization and the signature of the legal representative that the intermediary organization personnel provide the false certification file in the name of the intermediary organization, it shall be deemed that the provisional behavior is a unit behavior, and the criminal subject shall be an intermediary organization, not The intermediary organizes personnel. On the other hand, if the intermediary organization personnel provide false certification files in their own name, it should be considered that such provision behavior is an individual behavior, and the criminal subject should also be an intermediary organization personnel, and the intermediary organization personnel should be punished according to the provisions of the criminal law.

Natural person crime, that is, the crime of intermediary organization personnel, refers to the person who is qualified to engage in the corresponding intermediary work in the intermediary organization. According to the relevant regulations of China, the employees of the intermediary organizations must undergo strict examinations and assessments in order to obtain the corresponding qualifications for practicing. However, because the intermediary organization personnel rely on the intermediary organization, in some intermediary organizations, the personnel who undertake a certain responsibility are not necessarily limited to the qualified personnel, and some unqualified personnel also bear certain responsibilities. In this case, the requirements for natural persons and units are different. It cannot be generalized that only those who have obtained a certain legal qualification can become the subject of this crime. Of course, a person who does not have an intermediary qualification can provide a false certificate file alone. According to the provisions of the Criminal Law, it cannot be considered as a crime. However, such personnel can be combined with an intermediary organization personnel who have professional qualifications and assume certain duties. The subject of crime.