Consideration On Several Probiems Of The Crime Of Bending The Lam For Selfish Ends

The crime of Bending the Law for Selfish Ends is the most important manifestation of China's current judicial corruption. It is in a prone, the high incidence of the stage, and the investigation is facing with outstanding issues, such as higher covert criminal, interference resistance, etc. Thus, it increasingly becomes the focus in scholars and also triggers disputes of many controversial issues in criminal law theory and judicial practice. This paper combines a long period of judicial practice and theoretical study and has five parts to discuss in detail.Firstly, the objective of crime is mainly referred to the understanding of the prosecution and the use of authority. I think this crime provision is only related to putting to record, investigation and prosecution activities. Perverting the law in the activities of trial should be evaluated by the provisions after the "or". The use of authority, comparing with the 388th of the Penal Code, is required to using authority directly.Secondly, the understanding of subject of crime is mainly involved with people's jurors, the judiciary professional and technical personnel, the unit can become the main body of this crime. I think that people's jurors could become the mainstay of this crime, the judiciary professional and technical personnel can not become the subject of this crime. The unit can not become the subject of this crime, but the parties concerned in the collectively bending the law can be held responsibility according to different situations.Thirdly, the subjective of crime is mainly involved with the understanding of guilty intent and object of intent—"offender". I think that this crime can be only a direct intentional. "Offender" is "suspected of the crime,"and not equated to "criminals".Fourthly, it is the apprehension of practise favouritism. I think the legal nature of practise favouritism is crime motivation. Practise favouritism is not only for individuals, but also for units or collective interests, and it is an offence to intentionally do so.Fifthly, it is the legislative proposals. It is involved with original jurisdiction, provisions of the amendment.