Favoritism Is Not Handing Over Criminal Cases

In addition to an introduction, the main body of this paper comprises four parts, containing about thirty thousand Chinese characters.Part One: The concept and constitutive characteristics of the crime of irregularities for favoritism so as not to turn over criminal cases. This part describes the crime's concept, legislative sources and constitutive characteristics, and analyses the crime's subjective and objective essentials.Part Two: The differences between the crime of irregularities for favoritism so as not to turn over criminal cases and other crimes. It is analyzed that the differences between this crime and other related crimes lie in different subjects and natures of criminal cases not turned over. A special analysis is made of the distinction between this crime and the crimes of bending the law to serve one's personal considerations for favoritism, harboring criminals, harboring drug criminals, giving free rein to smuggling, and giving free rein to criminal acts of manufacturing or selling fake or inferior commodities.Part Three: The judicial application of the crime of irregularities for favoritism so as not to turn over criminal cases. The prominent issues occurring in the judicial practice of this crime are discussed such as the scope of "administrative law enforcement personnel", determination of the circumstances for "practicing favoritism", preconditions for establishing this crime, definition of the "targets of crime", "one crime and plural crimes", and "complicity".Part Four: Several suggestions to further perfect the crime of irregularities for favoritism so as not to turn over criminal cases. To perfect this crime, it is suggested that an institution should become a subject of this crime and this crime be renamed Crime of Not Turning Over Criminal Cases, from which two essential elements of "irregularities for favoritism" and "gravity of the circumstances" are deleted. The purpose of designing this crime is independent of the presence or absence of irregularities for favoritism, which are difficult to check and verify. The presence or absence of irregularities for favoritism is not bound to relate to the not-turning-over event. However, the irregularities for favoritism can be taken as an aggravated circumstance. Moreover, it is suggested that the statutory sentence of this crime be altered to put an end to the situation of its statutory sentence being much lighter than that for the crime of abusing the office with circumstances of irregularities for favoritism.