Favoritism Crime Research

Practice favoritism and pervert the law not only infringes the rights of citizens but also obstructs the normal criminal procedure in Judicial Branch, besides, it seriously does harm to the image and reputation of Judicial Branch among public, and law construction in our country as well. It must be noted there is a controversy both theoretically and practically with regard to the constitution of crime, cognizance and punishment of this crime. Based on the related research and a combination with the legislative and judicial practice, the author is to explore systematically such questions as the concept of practice favoritism and pervert the law, the constitution of crime, cognizance and punishment by the adoption of Modern theory of the constitution of crime in criminal law, meanwhile, some opinions and suggestions for legislation are to be put forward toward some of those controversial issues in order to benefit the legislative and judicial practice. This passage consists of four parts with the first part mainly dealing with a literature review and legislative foundation of this crime, it looks back on the regulation of Practice favoritism and pervert the law in ancient China and throws light on its development after the establishment of PRC. The second part is about the constitution of Practice favoritism and pervert the law. Starting with the concept of this crime and applying Modern theory of the constitution of crime in criminal law, it offers a general analysis on the following aspects: the subject of the crime, the subjective aspect of the crime, the object of the crime and the objective aspect of the crime. Judicial cognizance of this crime is the third part that discusses crime and non-crime, the cognizance of subject, distinction of two similar crimes, numbers of the crime and criminal punishment. The fourth part is to bring forward suggestions for legislation, pointing out that the factor offavoritism should not be treated as the constitution of this crime, and therefore should be canceled. On the other hand, what should be added for punishment is any of the following act: to pervert law by acting wrongly out of personal consideration, to give an intentional heavier or lighter punishment, to bring in judgment, in addition, cumulative punishment will be given to practice favoritism accompanied with accepting bribes.