Discussion Of Malpractice By Practice Favoritism And Not Transferring Criminal Case

Malpractice by practice favoritism and not transferring criminal case is a new crime after the enactment of the 1997 criminal law. The establishment of this crime of corruption adapts to the new situation to curb and prevent crime by taking advantage of duty, which is very significant in forging the image of honest, diligent, self-discriminating law enforcement agencies, constructing creditable government, and promote social prosperity. Meanwhile, its narrow scope of subject entities and the lack of corresponding legislative and judiciary interpretation are reflected in judiciary practice and application—it is very hard to find, file, investigate and convict such cases. In addition, the special exquisite of subjects of anti-malpractice cases and their complexity and sensitivity result in low case-filing rate, so its social and legal effects are not apparent enough.This article begins with the judicial status quo of criminal act of malpractice by practice favoritism and not transferring criminal case; then the problems and confusion in judicial practices are expounded; and then the controversial issues in judicial practice and the underlying causes are analyzed from the perspective of the prerequisites of the crime including the subject entity, the objective and subjective aspects of the crime; finally, solutions and tentative plans to the problems and confusions are proposed from the perspective of theory of law and judicial practices to arrive at the conclusion of subject entity expansion and change of the name of the crime.