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Yes, illegality: refers to the behavior of state organs, enterprises, public institutions, social organizations or citizens who violate the provisions of the law and cause the destruction of social relations and social order protected by the law, and shall bear legal responsibility in accordance with the law.
"Violating the law" refers to the faulty conduct of state organs and their staffs, enterprises, public institutions, citizens, and social organizations that violate the provisions of laws (including other laws and regulations), thereby causing some harm to society.
The constituent elements of the violation include:1Breaking the law is an act that endangers society.
Mere ideological activities cannot constitute a violation of the law. 2.Violations must have an object to be violated, that is, they violate the social relations and social order protected by the law, and cause certain harm to society.
3.The violation must be an intentional or negligent act of the actor, that is, the act of the actor who is subjectively at fault. 4.
The subject of the violation must be a natural person who has reached the legal age of responsibility and has the capacity for responsibility, and a legal person established in accordance with the law.
According to the nature and degree of harm, violations can be divided into criminal violations, civil violations, and administrative violations. A criminal offense is a crime, and it refers to an act that violates a criminal law and is punishable by criminal punishment in accordance with the law. Crime is more harmful to society, so it is the most serious type of lawlessness.
Civil offenses refer to violations of civil laws and regulations (including civil law, labor law, and other departmental regulations). For example, failure to perform civil obligations without justifiable reasons or violation of civil obligations causes certain losses to the other party, etc. Administrative offenses refer to violations of administrative regulations.
Specifically, it includes two situations: first, the violation of administrative regulations by citizens and legal persons; The first is a minor violation of the law or a violation of discipline by a state functionary in the performance of his duties. Civil violations and administrative violations are often referred to as general violations because they are less harmful.
The term "unlawful" can be interpreted in both broad and narrow senses. Violations in a broad sense, including criminal violations (crimes), civil violations and administrative violations, etc.; Violations in the narrow sense refer to ordinary violations other than crimes.
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Modifying the accounting information of an enterprise is obviously illegal. However, if it is for the purpose of tax evasion, it is not only a matter of violating the law, but also involves the issue of committing a crime.
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Legal analysis: financial information cannot be forged, altered, or destroyed, otherwise it will be illegal.
Legal basis: Article 280 of the Criminal Law of the People's Republic of China: Whoever forges, alters, buys, sells, or steals, snatches, or destroys official documents, certificates, or seals of state and family organs shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, controlled release, or deprivation of political rights, and shall also be fined; where the circumstances are serious, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given. Whoever forges the seal of a company, enterprise, public institution, or people's organization shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, controlled release, or deprivation of political rights, and shall also be fined a fixed amount of money.
Whoever forges, alters, or buys or sells resident identity cards, passports, social security cards, driver's licenses, or other documents that may be used to prove identity in accordance with law, is to be sentenced to three years imprisonment, short-term detention, controlled release, or deprivation of political rights, and a concurrent fine; where the circumstances are serious, the sentence is between three and seven years imprisonment and a concurrent fine.
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Legal analysis is slippery:
Financial information cannot be forged, altered, or destroyed, otherwise it will be illegal.
Legal basis: 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 up to three years imprisonment, short-term detention, controlled release, or deprivation of political rights, and shall also be fined; where the circumstances are serious, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given. Whoever forges the seal of a company, enterprise, public institution, or people's organization shall be sentenced to up to three years imprisonment, short-term detention, controlled marketing, or deprivation of political rights, and shall also be fined.
Whoever forges, alters, or buys or sells resident identity cards, passports, social security cards, driver's licenses, or other documents that may be used to prove identity in accordance with law, is to be sentenced to up to three years imprisonment, short-term detention, controlled release, or deprivation of political rights, and a concurrent fine; where the circumstances are serious, the sentence is to be between three and seven years imprisonment and a fine.
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Legal analysis: Financial information cannot be forged, altered, or destroyed, otherwise it will be illegal.
Legal basis: 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 up to three years imprisonment, short-term detention, controlled release, or deprivation of political rights, and shall also be fined; where the circumstances are serious, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given. Whoever forges the seals of public socks, enterprises, public institutions, or people's organizations shall be sentenced to up to three years imprisonment, short-term detention, controlled release, or deprivation of political rights, and shall also be fined.
Whoever forges, alters, or buys or sells resident identity cards, passports, social security cards, driver's licenses, or other documents that may be used to prove identity in accordance with law, is to be sentenced to up to three years imprisonment, short-term detention, controlled release, or deprivation of political rights, and a concurrent fine; where the circumstances are serious, the sentence is between three and seven years imprisonment and a concurrent fine.
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According to the provisions of the "Accounting Law", if the forgery or alteration of accounting vouchers and accounting books, or the preparation of false financial accounting reports constitutes a crime, criminal responsibility shall be investigated and verified in accordance with the law. If there is a conduct in the preceding paragraph, but it does not constitute a crime, the people's finance department at or above the county level shall be notified, and the unit may be fined 5,000 yuan to change filial piety to less than 100,000 yuan; The directly responsible managers and other directly responsible personnel may be fined between 3,000 and 50,000 RMB; If they are state employees, they shall also be given administrative sanctions of removal from office or even dismissal by their units or relevant units in accordance with law; The accountants are not allowed to engage in accounting work for five years. According to the Criminal Law, personnel of intermediary organizations that undertake duties such as asset appraisal, capital verification, verification, accounting, auditing, and legal services of the Law Enlightenment Office intentionally provide false supporting documents, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention and shall also be fined.
Article 43 of the Accounting Law Article 229 of the Criminal Law.
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