Judicial Determination And Legislative Perfection Of Crime Of Irregularities For Favoritism Of Non-transferring Criminal Cases

Taking 97 criminal law compared with 79 criminal law, one of the most remarkable changes is that 97 criminal law strengthens control on country's staff member's post. It embodies the value orientations in new periods that our country controls officials in accordance with the law. Under the results this guiding theory, our country sets up the crime of irregularities for favoritism of non-transferring criminal cases. The foundation of the crime has very important meanings for the development of Lian Zheng's construction and the perfection of the criminal legislation in our country.The crime of irregularities for favoritism of non-transferring criminal cases is a crime increasing newly, so, in order to make it suitable in the administration of justice better, it is the pressing task that we must grasp the question of determination about the crime. Criminal law circles have great difference in the determination of the subject of the crime, the object of the crime, the objective respects of the crime,etc. The subject of the crime includes the personnel who exercises the functions and powers of administration in accordance with law in the national administrative organ and quasi-administrative personnel. The object of the crime is the obligation that the enforcer of administration transfers criminal cases to the judicial authority and the criminal judicial functions and powers. In the objective respect of the crime, the transferring target of the crime must be a criminal case and the guilty situation of a serious nature has been probed into. In counting the form of crime, the crime and the crime of acceptance of bribes are in conformity with concurrence of offences while forming the implicated offender. When the crime and relevant crimes formcompeting, the problem must be analysed concretely.In addition, the general design of the crime's clause make the crime has a great deal of defects too. There are many places worthy to be perfect, such as the guilty charge, the fact of the crime, legal punishment. The guilty charge should be changed into "the crime of non-transferring criminal cases". In the fact about the crime, the administrative organ should be increased when he offends the guilty .The time should be limited when the enforcer of administration does not transfer criminal cases. "Irregularities for favoritism" and "of a serious nature" should be deleted .In legal punishment, the legal punishment of the crime should be properly improved.