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Summary: The university replacement agreed by both parties, this is actually a crime, this is a very serious problem, even if both parties agree, he is also very serious, because this actually involves a lot of problems, the suggestion is not to agree to the replacement, and do not replace others, this is a very terrible thing, do not step on the bottom line of the law.
Explanation:
Substitution of the top name; Replaced or replaced by someone else.
A model of work distribution during the period of China's planned economy, that is, a father or mother can recruit one of his or her children to work in the unit after retirement, which is mostly in the agricultural, forestry, water, geology and mining systems.
Source:"Yuan Dian Zhang, Hubu San, Escape": "When the army was signed during the Jiayin and Yimao years, there were people in charge of the civil affairs commander Quan (Song Quan) and others to replace the fugitive Hu Zide Wang Zhong Chong. ”
Encyclopedia substitution.
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Violations will be dealt with, and the results of both parties will be invalidated.
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Analysis of the Fierce Group of the Legal Department:
This situation did not constitute a crime under the law at the time, so it was generally not subject to criminal liability. In addition, the other party has no loss, and it is voluntary, it is difficult for him to claim compensation if he sues.
Legal basis: Civil Code of the People's Republic of China Article 1012: Natural persons enjoy the right to a name, and have the right to make informed decisions about, use, change, or permit others to use their own names in accordance with law, but must not violate public order and good customs.
Criminal Law of the People's Republic of China" Article 280 Whoever forges, alters, buys, sells, or steals, snatches, or destroys official documents, certificates, or seals of state organs shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, controlled release, or deprivation of political rights; where the circumstances are serious, the sentence is between three and ten years imprisonment.
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Legal analysis: This situation does not constitute a crime according to the law at the time, so generally if you do not destroy the spine, you will be investigated for criminal responsibility. In addition, the other party did not lose anything, and it was voluntary, and it was difficult for him to claim compensation if he sue.
Legal basis: Article 1012 of the Civil Code of the People's Republic of China A person who has collapsed enjoys the right to a name, and has the right to decide, use, change or permit others to use his or her name in accordance with law, but must not violate public order and good customs.
Criminal Law of the People's Republic of China Article 280 Whoever forges, alters, buys, sells, or steals, snatches, or destroys official documents, certificates, or seals of state organs shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, controlled release, or deprivation of political rights; where the circumstances are serious, the sentence is between three and ten years imprisonment.
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The penalty for substituting another person to attend university is fixed-term imprisonment of not more than three years, short-term detention or controlled release, and a fine. The perpetrator constitutes the offence of impersonation.
The crime of impersonation refers to the act of stealing or fraudulently using the identity of another person to replace the admission qualifications for higher education, civil servant recruitment, and job placement benefits obtained by others.
Substitute for someone else's school registration to go to school is also suspected of the crime of forging state documents and forging resident identity cards.
The act of substituting someone else's school status to go to school, on the surface, steals a name, but in fact steals the identity and name of another person, and its harm is not limited to the name, but the entire body of information.
Article 280-2 of the Criminal Law Whoever steals or fraudulently uses the identity of another person to replace the qualifications obtained by others for admission to higher education, civil servant recruitment, or employment, is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and shall also be fined. Where others are organized or instructed to carry out the conduct in the preceding paragraph, a heavier punishment is to be given in accordance with the provisions of the preceding paragraph. Where state employees commit the conduct in the preceding two paragraphs, and other crimes are constituted, they are to be punished in accordance with the provisions on combined punishment for multiple crimes.
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