论我国刑法中的诬告陷害行为.pdfVIP

Abstract False accusation behavior refers to a severe act that fabricated the specific crime facts and then informed somebody, with an intention of having him into criminal prosecution. Thus, the behavior consists of fabricating facts of the crime, the informant and behavior of objects. Fabricated facts of the crime can be fabricated the entire facts of the case, and also fabricated part of the facts of the crime. However, it does not require the fabrication of facts of the crime must be in accordance with the criminal law constitute a crime. As for informant, the perpetrator can either take the initiative to the implementation or the passive one of an informant. It doesn’t matter that who is the informant. Whereas, the perpetrator of the information shall in fact cause criminal prosecution process against the one who is falsely accused. As to the objects of false accusation behavior, organization can be one of them only when it is clearly stipulated in criminal law. Yet for natural persons can become the object of conduct in addition to the age of criminal responsibility and have the natural person of criminal responsibility, but also should include those who did not reached the age of criminal responsibility and have the capacity for crime, special status (such as the mentally ill) people and commitment persons. However, not all who have not reached the age of criminal responsibility and the capacity for crime and have special status of criminal responsibility can in any case become the object of conduct of any false accusation. Specific cases should be specifically analysed and can not be generalized. In order to accurately define the false accusation behavior, we must also clarify the false accusation be