Fake death certificates become a "gray industry," online shopping platforms should "take responsibility for their turf."

📅 2021-11-26 📂 Zhiming Hot CommentsZhiming Hot Comments 🏷️ #ForgedOfficialDocuments #CriminalLaw #DeathCertificate #PublicSecurity #LegalCertificates

Compiled from: Red Star News, The Paper, Jinan Times
 
Case review
At the end of last year, a man in Jiangsu was released on bail pending trial for defrauding 1.9 million yuan. Subsequently, the court received a "death certificate" from the man. It was later discovered that he had purchased forged "death certificates" and "cremation certificates" online to evade legal punishment.

 
Fake death certificates

 

A media investigation found that death certificates can be obtained for less than 200 yuan on online platforms. One merchant "thoughtfully" indicated that if needed to gain leverage in a lawsuit, they could also issue a "critical illness notice," which is more effective than a "death certificate." The purpose of purchasing such documents is often to obtain illegitimate benefits or evade legal responsibility, making the nature of such acts extremely egregious.
 
However, death certificates, critical illness notices, medical birth certificates, etc., are legal documents required for handling related business, all issued by government agencies or public institutions and must bear the official seal. Therefore, buying or selling forged documents like "death certificates" may, from a legal perspective, result in public security penalties for minor offenses or criminal liability for serious ones.

 
Fake death certificates

 
Article 280 of the Criminal Law of the People's Republic of China
Whoever forges, alters, buys, sells, steals, forcibly seizes, or destroys official documents, certificates, or 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, and shall also be fined; if the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined.
 
 
Public Security Administration Punishments LawArticle 52  
Whoever commits any of the following acts shall be detained for not less than ten days but not more than fifteen days and may also be fined not more than 1,000 yuan; if the circumstances are relatively minor, they shall be detained for not less than five days but not more than ten days and may also be fined not more than 500 yuan:
(1) Forging, altering, or buying or selling official documents, certificates, evidentiary documents, or seals of state organs, people's organizations, enterprises, institutions, or other organizations;
(2) Buying or selling, or using forged or altered official documents, certificates, or evidentiary documents of state organs, people's organizations, enterprises, institutions, or other organizations;
……

 
Image source: Internet

 
[1] The author's perspective
From the above case, it is chilling to think that fake certificates can be purchased for just one or two hundred yuan. This "gray industry" not only undermines social integrity but also fuels many illegal and criminal acts, bringing unpredictable risks to society.

From the above legal provisions, it is clear that both buyers and sellers of such fake certificates have violated the law, ranging from minor violations of the Public Security Administration Punishments Law to serious offenses under the Criminal Law. Since the relevant laws have long been explicitly stipulated, why does this underground chain still operate with impunity? The author believes there are two reasons:

First, the indulgence of online platforms. Opening a certain shopping website and simply entering relevant keywords can lead to corresponding "products." Such blatant keyword searches, with the platform failing to remove them, make it so easy for "buyers" and "sellers" to complete transactions. The platform's fault cannot be ignored.
 
Second, the relevant departments have not fulfilled their regulatory responsibilities. This situation has not arisen overnight; many media outlets have reported on it before, yet it persists, indicating insufficient oversight. The relevant departments should strengthen the primary responsibilities of each platform, not only requiring self-inspection and correction but also imposing legal penalties when necessary. Only in this way can platforms be compelled to "take responsibility for their own turf" and make every effort to sever the transaction chain of the "gray industry" for certificates.

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