Several Questions Research About The Judicial Staff Malfeasance Crime

The judiciary malfeasance crime as a category in the malpractice crime,It has the property of distinguished from other malfeasance crime,To judicature's concept the characteristic and its essence should take the theory of separation,Including criminal detection behavior?The behavior of the prosecutors and the judge's trial behavior.The judiciary malfeasance crime has the main body of the eligibility of sexual sin the characteristics of diversity and the diversity of the object,On the basis of subjective fault of different main body behavior way,malfeasance crime has carried on the classification to judicial personnel.Combed the malfeasance crime from thethe Former Qin Dynasty to Han to legislation along the change in modern times,summarizes its characteristics in different historical period of the legislation Explore the development direction of its future.By adopting the method of cross-sectional study,the malfeasance crime on the ownership of the judicial personnel,behavior,and the type of harm results,such as the types of criminal penalties for comparative analysisbenefit-in-law shall be used as the nature of the crime,through the legal interests of malfeasance crime and the judiciary malpractice laws benefit interface evaluation of each view.With certain legal interests should be taken of certainty and clarity principle,it is concluded that the judiciary malfeasance crime law shall be for the standardization of judicial practices.Analyses the composition of the judiciary malfeasance crime elements of judicial misconduct,criminal object,such as illegal harm results will elements.Has been clear about the responsibility to say as a standard of the judiciary to determine whether a person has a status,introduced the concept of quasi-judicial officers,the judiciary will be divided into the norm of the relative judicial personnel as well as quasi-judicial officers of the judiciary.The judiciary malfeasance crime subjective aspect can only be a single sin,and through the analysis of crime law for selfish,get the judiciary malfeasance crime exists attempted crime formThe judicial malfeasance joint crimes based on the subordinate character theory and theory of partly complicity,which helps maintain the unity of constitutive requirements and Punishment for order.we must adhere to two-class crime constitution theory.Define the judicial malfeasance joint crimes can be distinguished into the illegal aspect of joint crime and The joint crimes of duty level.In judicial practice,those who have not status may be joint offenders such as co-perpetrators?abettor and accessory.The establishment of judicial dereliction of duty crime number theory,It is good for guiding the judicial practice,To implementing the principles of prohibit repeat evaluation,To Limiting at the discretion of the judge.The number of criminal crime judgment standard should was the constitutive requirements of conformity To distinguish the crime number judgment standards and judgment factors.Adhere to the principle of balanced fault principle as well as the efficiency of lawsuit.When judicial malfeasance competition law,adhere to the common law and special law is superior to both the principle of light weight method is superior to the law-Article 247,article 248 of the criminal law should belong to transformed crime.Article 399 paragraph 4 of the criminal law is except.Based on judicial practice shall limit scope of application.With the help of the judicial practice case,10 charges of pure bone of contention for the in-depth analysis.Pointed out the judicial personnel malfeasance crime in the process of that the path of the legal logical deduction.The judiciary to 10 pure malfeasance crime that the difficulty in judicial practice.The project research carried out on the microscopic applicable lay the foundation for judicial practiceIn the criminal law provisions on the judiciary malfeasance crime,to suppress the judiciary malfeasance crime,plays an important role.But due to the lack of systematic research for a long time,also exist in the legislation of judicial responsibilities partiality understand the differences in legal sentence of a single,etc.Need to be more clear the scope of the judicial duty malfeasance crime against judicial personnel qualification penalty to the property punishment,and the legal status of the unified or selfish ends for a favor showed partiality...