冒名顶替罪实行行为的法教义学解读

An Interpretation of Commission of the Offense of Identity Theft from the View of Legal Doctrines

当前冒名顶替罪在司法实践中适用较少,原因在于对条文的理解与适用具有局限性与片面性,因此对该罪名进行刑法教义学层面的讨论尤为必要。冒名顶替罪的保护法益是社会公平与公民个人发展权。行为人盗用、冒用他人“身份”以实现其参与利益分配的目的。冒名顶替行为具有持续性,因此冒名顶替罪属于继续犯,应从行为人冒名顶替行为被社会公众知晓起开始计算本罪的追诉时效。

The current application of the crime of identity theft in judicial practice is limited due to the limitations and one-sidedness in the understanding and application of the provisions.Therefore,it is particularly necessary to discuss this offense at the level of doctrine of criminal law.The protected interests of the crime of identity theft are social fairness and the personal development rights of citizens.Misappropriation refers to the act of the perpetrator unlawfully using the identity of the person being replaced against their will.Impersonation is the act of borrowing the identity of the person being replaced with their consent.The identity that the perpetrator misappropriates or impersonates refers to the membership qualification of the person being replaced in the distribution of benefits.Identity theft is a continuous act.Therefore,it falls under the category of a continuing offense,and the statute of limitations for prosecution of this offense should be calculated from the time when the perpetrator’s identity theft act becomes known to the public.