The Research On The Disputed Questions Of The Objective Aspects Of Bending The Law For The Benefit Of Relatives Or Friends

Bending the law for the benefit of relatives or friends is a malfeasance crime that judicial staff member committed very easily and universally in current economical society, it didn't only destroy the prestige of judicial organ of country and the regular judicial activity, damaged the solemn of the law, but also violated the legal rights and interests of citizenship, and endangered the legal construction of the country. Research deeply the criminal constitution of bending the law for the benefit of relatives or friends, especially the objective aspect of the crime which is very disputed is of great immediate significance and which can also determe this crime in judicial practice, and keep within limit the bending the law for the benefit of relatives or friends phenomenon which is more serious and more serious day by day. This essay try to probe into superficially approach the controversy of understanding the five aspects, those are practice favouritism, the person who is guilty, taking advantage of one's position and power, whether bending the law for the benefit of relatives or friends can be committed by negative act and whether gravity of bending the law for the benefit of relatives or friends. Firstly, with regard to practice favouritism. The essay deem that practice favouritism is to hanker after money, or give unprincipled protection to the relatives or friends, retaliate in order to give vent to personal spite or other personal relationships and personal gain, that's to say, do something which violate obligation or violate the law. At the same time, the author deem that practice favouritism isn't the requisites to constitute a crime of the objective aspect, but the necessary requisites to constitute a crime of the subjective aspect of bending the law for the benefit of relatives or friends, that's to say, motive. Secondly, with regard to the person who is guilty. Form four viewpoints with regard to the person who is guilty in current theory boundary, those are the doctrine of affirmation, the doctrine of approving arrest, the doctrine of bringing to justice and the doctrine of being suspected of being involved is reasonable, that's to say, the suspected person in preceding case which is related to bending the law can be testified by testimony that the suspected person in preceding case did the criminal fact when the person who bended the law in later case, the suspected person in preceding case can be determed to be a person who is guilty. Thirdly, with regard to taking advantage of one's position and power. Although the article of criminal law didn't provide clearly and definitely that bending the law for the benefit of relatives or friends should take advantage of one's position and power, the author deem that bending the law for the benefit of relatives or friends should take advantage of one's position and power after probing into the definition of taking advantageof one's position and power, that is , the person who bended the law took advantage of his position and power and could be in charge of, handle or deal with the criminal case and the position of taking advantage of one's position and power which is in the bending the law for the benefit of relatives or friends. Especially after analyzing taking advantage of one's position and power indirectly, the author deem that bending the law for the benefit of relatives or friends could be committed by it if the condition is met. Fourthly, with regard to bending the law for the benefit of relatives or friends which was committed by negative act . The author also deem that bending the law for the benefit of relatives or friends could be committed by negative act. When determing bending the law for the benefit of relatives or friends which was committed by negative act, firstly, the judicial staff member should pay attention to that the subject aspect should be intentionally, and there was a motive of practice favouritism. Secondly, the judicial staff member should pay attention to that the duty of conduct in bending the law for the benefit of relatives or friends is a special lawful duty that have to be carried out. Lastly, there should be a serious consequence which is clearly and definitely. Fifthly, with regard to the gravity of the circumstance. By means of definition of the gravity of the circumstance and how to deteme it, that's to say, determing from two aspects, subjective andobjective aspect, it could be gravity of circumstance if the circumstance reached the stipulation that is in criterion of especially big case of malfeasance and fort, the author deem that although the gravity of circumstance isn't the necessary requisities to constitute a crime in the independent criminal constitute of bending the law for the benefit of relatives or friends, it is the necessary requisities to constitute a crime in the derived criminal constitute of bending the law for the benefit of relatives or friends.