The Study Of Subject Of Crime Of Malfeasance On Judicature

In theory, there have been many studies and discussions on the subject of crime of malfeasance and subject of crime by taking advantage of duty. However, few people could do an independent study on the judicial subject of crime of malfeasance. During the author's practical anti-malfeasance work, the author usually encounters the controversy on how to identify the subject of crime. Therefore, in order to clarify this problem and make a real sense for the judicial practice and the well-establishment of legislation, the author puts forward viewpoints on such aspects as related concepts, features of subject of crime, the scope and judging standards of malfeasance.First, the paper gives the definitions on the terms"judicature","jurisdiction"and"judiciary". And on that basis, it determines the study range of malfeasance on judicature; gives a general introduction on the legislation and elaborates on the features of subject of crime of malfeasance on judicature. Then, the paper identifies the judging standards of subject of crime of malfeasance on judicature and makes a comment on the related viewpoints. It also gives an analysis of the scope of"judicial personnel"and the scope of subject of crime of malfeasance. Third, the paper clarifies several difficult problems in the judging process of subject of crime, doing a detailed analysis and study on the following aspects: how the public security officers constitute the subject of crime of malfeasance; whether the people or organizations that are controversial in the judging process of such subject of crime can constitute subject of crime of malfeasance on judicature; whether non-judicial personnel can constitute the judicial crime of malfeasance as accomplices with the judicial personnel. In the last part, the paper makes a comment on the judicial subject of crime of malfeasance in terms of legislation and proposes to optimize the legislation on subject of crime of malfeasance on judicature.