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Judgement Crime That Pervert The Law In Terms Of The Civil, Administration

Posted on:2006-05-29Degree:MasterType:Thesis
Country:ChinaCandidate:X H LiFull Text:PDF
GTID:2166360182972619Subject:Law
Abstract/Summary:PDF Full Text Request
The civil, judgement crime that the administration perverts the law, mean that judicial staff members are in civil, administrative trial procedure, violate the fact and law and pervert the law referee, behavior of a serious nature on purpose. The civil, judgement crime that the administration perverts the law, specially abuse a kind of crime of trying the right in not criminalling suit to the trial personnel of the people's court. Its committing crime once went through it from dispute, case giving a written reply, judicial explanation to legislating to stipulate several stages. The object that this crime infringes is a normal activity of the judicial authority, say concretly, it is a normal civil, administration's trial procedure of people's court. This guilty objective respect is shown as the actor in civil, administration's trial procedure, violate fact and law and pervert the law referee, behavior of a serious nature on purpose. Guilty subject this special subject, mean among people's court civil trial procedure having and try person and his person in charge of functions and powers among the trial procedure with administration, including the presidents of the people's courts at all levels and special people's court, vice-president, trying committee's committee member, presiding judge, vice presiding judge, judge and deputy judge of every adjudication division. This guilty subjective respect is shown as on purpose directly, the fault and too indirect to construct the crime of the cost on purpose. In the judicial practice, the ones that asserted civilly, the administration perverted the law in the judgement crime are on purpose, whether should be in order to violate the basic attention obligation to try personnel as thedemarcation line . And try personnel's basic attention obligation, demand the try judgement behavior of personnel must accord with legal provisions, judicial job own lowest cognitive ability of request and pay attention to the degree, and basic social moral concept.To civil, administration pervert the law referee guilty administration of justice assert respect, should pay attention to several issue. First, crime and non- guilty question, define that it defines the standard, pay attention to the work wrong differentiation, pervert the law and mediate in trying personnel in the civil trial procedure, the behavior of a serious nature, should assert by committing and pervert the law the judgement crime civilly . Second, crime and he guilty issue this, crime this bend the law for the benefit of relatives or friends guilty difference display in subject range, display, become crime terms, target that behavior mean objectively mainly; Crime this abuse one's power guilty relation relevant regulation for special law article and common law relation of article. Three ,one crime and issue of several offences, pervert the law referee among civil, administration trial procedure to judicial staff member, and had behavior of taking bribes, with the concurrence of offences before criminal law was issued in 1997, but the 4th fund for 399 articles of criminal law determined a crime to punish according to punishing heavier regulation clearly with this. Fourth, the constitution common crime recognizes the question, to the common crime which by the collegiate bench, the judicial commission collective discussion name forms recognizes, must pay attention strict limits responsibility main body and collective subjective performance. Distorts the law the judgement to the higher authority instruction and our institute leadership instruction distorts the law the judgement recognizes above also must distinguish processing.The full text amounts to about 40.000 words, divide this crime concept, legal characteristic, administration of justice and assert that is described with criminal responsibility four parts.
Keywords/Search Tags:Civil, judgement crime that the administration perverts, the law Concept characteristic, The administration of justice asserting, Criminal responsibility
PDF Full Text Request
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