Research On Bending The Law Crimes

As a typical crime of misconduct in office among judicial personnel, the crime of bending the law not only blasphemes the dignity of the law, but also damages the fairness of criminal justice directly and trust in this fairness of the public. The judicature corruption which results from the looseness of execution and the perversion of the law by taking bribes, etc, of the judicial personnel, the guard of social democracy is extremely detested by people. The crime of bending the law is always considered the most serious and important crime of misconduct case by the highest peoples procurator. Whereas, the theoretical research about it is still keeping rather weak. What's worse, because of the frequently happened the crime of bending the law, some new problems come forth in judicial practice and is attracted by both theoretical and practical world in the annual meeting of penology in 2005. Some progress is made, but some theoretical confusions such as the direct object, the behave in objective aspect, the scope of subjects, the forms of intention and the criminal patterns, and so on, are still exist and worth discussing. Thus, taking the crime of bending the law as the object, combining the theory of criminal law and judicial practice, and based on the analysis on the current criminal law and relevant judicial interpretation contents, this paper went a deep research on the theoretical and practical problems of this crime, so as to benefit the theory and practice of this crime.This paper covers over 40,000 words totally, and divides into 5 parts. The outline of lawmaking of the crime of bending the law is given in the first part. The lawmaking history in ancient and present China and some lawmaking cases abroad are briefly introduced, which aims to point out the long history of the criminal penalty of the crime of bending the law. The constitutive requirements of the crime of bending the law are analyzed in the second part. According to the theory of criminal law and the descriptions of judicial interpretation, the paper in this part mainly discusses the objects and subjects of the crime and the objective and subjective aspects of the crime. The author not only introduces and analyses the disputed points existing in theoretical and practical world, but also puts forward his own point of view in this part. The third part is talking about that some problems of the judicatory cognizance of the crime of bending the law should be paid attention to, such as the distinction of the boundary between the crime of bending the law and the negation crime, between the crime of bending the law and its relevant crime. The sentencing of the crime of bending the law, is presented in the forth part. The author also gives his own understanding of the criteria of the situation of being serious and being especially serious in this part. In the last part of the paper, from the following aspects: the imputation, the descriptions of practicing favoritisms and statutory sentence, the author discusses the perfecting of lawmaking of the crime of bending the law.