I. Tort liability
From the perspective of civil liability, the case of being admitted to college under an assumed name mainly bears tort liability.
Impersonation cases in universities often need to be applied to the infringed? Name? , will infringe on the right of others' names. The so-called name right refers to the right of citizens to decide, use and change their names according to law. According to the law, anyone who interferes, embezzles or impersonates another person's name shall be investigated for civil liability.
Infringement of the right to name is an appearance, and more importantly, the right to education of the infringed person is infringed by infringement of the right to name. Article 46 of the Constitution stipulates that People's Republic of China (PRC) citizens have the right and obligation to receive education. The high-altitude impostor infringes on the infringed person's right to education by carrying out impersonation.
Have you ever been praised before? First case of constitutional justice? what's up Qi Yuling case? It deserves attention and reference. From 65438 to 0990, under the planning of his father Chen Kezheng, Xiaoqi Chen used various means to study in Jining Business School in the name of Qi Yuling. After graduation, Xiaoqi Chen still used Qi Yuling's name and worked in Tengzhou Branch of Bank of China. 1998, Qi Yuling accidentally discovered Xiaoqi Chen's impostor, and filed a lawsuit in the following year 1 year. In the end, the court found that Qi Yuling's right to name and education had been infringed, and the defendant should stop infringing the plaintiff's right to name, apologize to Qi Yuling, and compensate Qi Yuling for mental damages and other expenses.
Second, criminal responsibility.
1 Crime of forging resident identity cards
An impostor needs to use the name and identity of the person being replaced in his daily work and life, so he may often need to forge or alter identity cards and other documents that can prove his identity, which may violate the crime of forging identity cards stipulated in the criminal law.
According to Article 280 of the Criminal Law of People's Republic of China (PRC), anyone who forges, alters or buys or sells identity cards, passports, social security cards, driver's licenses and other documents that can prove his identity according to law shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
2. Crime of forging state official documents and certificates
An impostor who forges or falsifies the admission notice or other official documents and certificates of the state for the purpose of substitution may commit the crime of forging, altering or buying or selling official documents, certificates and seals of state organs. The object of this crime is the normal management activities and reputation of state organs. Official documents, seals and certificates used by state organs are important vouchers and means for management activities in certain fields and aspects of society. Any act of forging, altering, buying or selling official documents, certificates and seals of state organs will affect their normal management activities, damage their reputation and thus undermine the social management order. According to Article 280 of the Criminal Law of People's Republic of China (PRC), anyone who forges, alters, buys or sells or steals, seizes or destroys official documents, certificates and seals of state organs shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
3 bribery
An impostor often needs the assistance of the staff of the relevant state organs when carrying out impersonation. If he provides property to the staff of state organs in this process in order to seek substitution, then this behavior constitutes the crime of accepting bribes. According to the provisions of Article 389th of the Criminal Law of People's Republic of China (PRC), it is a crime of accepting bribes to give money or property to state functionaries in order to seek illegitimate interests. In economic exchanges, those who, in violation of state regulations, give state functionaries property in a relatively large amount, or those who, in violation of state regulations, give state functionaries kickbacks or service fees in various names, shall be punished as bribery. It is not a bribe to give property to a state functionary because of extortion without obtaining illegitimate benefits.
4 bribery
If the staff of the relevant state organs ask for property or illegally accept the property of substitute personnel under the condition of impersonation, their behavior will therefore violate the crime of accepting bribes. According to the provisions of Article 385 of the Criminal Law of People's Republic of China (PRC), a state functionary who takes advantage of his position to ask for other people's property or illegally accepts other people's property to seek benefits for others constitutes the crime of accepting bribes. State functionaries who, in violation of state regulations, accept kickbacks and handling fees in various names in economic exchanges and own them personally shall be punished as bribery.