机动车套牌违法行为及法律适用问题探析

Probe into the Illegal Act of Counterfeiting Motor Vehicle Plates and Related Legal Problems

近年来机动车套牌案件频发,套牌行为背后所涉及伪造、变造、盗窃机动车号牌的违法犯罪行为受到普遍关注。司法实践中同案不同判的情形时有发生,甚至有学者在某些案件中主张不予以刑事制裁,仅予以行政处罚。此类案件引发的法律适用上的混乱局面,不仅使民众感到迷惑,而且在司法实践和理论界也引起分歧与争论。争论的焦点集中在:套牌行为定性、机动车车牌是否属于国家机关证件、使用套牌行为是否应当纳入刑事打击范围等。

In recent years cases of counterfeiting motor vehicle registration plates have been increasing in numbers. Related with counterfeiting act are violations and crimes such as fake, forgery and theft of motor vehicle plates, which capture popular attention. In judicial practice, the fact that similar cases have got different verdicts has happened from time to time. When commenting on certain cases, some scholars even claimed such criminal suspects should get administrative penalty instead of criminal punishment. Such cases have caused controversy and debates in the field of judicial practice and theory. The debate focuses on the definition of the plate-counterfeiting act, whether motor vehicle registration plates can be classified as certificates of state institutions and whether the use of counterfeited plates should be included in the list of being combated.