Research On The Crime Of Prejudicing To Testify

In recent years, the cases of the crime of prejudicing to testify is increasing. Thesubject of crime in this crime is the general subject, which means the subject of thecrime is wide. So in order to better protect the legal rights of the party, we need to bemore careful and seek truth from facts to treat the application of this crime.In this paper, the core is the constitutive elements of the crime of prejudicing totestify. And in this paper, we have researched on the crime, hoped to help lawmakersand law enforcers to understand more clearly the connotation of the crime, and providereference for the judicial practice.This paper mainly includes five parts as followed:The first part, the author explores the object of the crime of prejudicing to testify.In the academic, the object of the crime of prejudicing to testify that there are manydisputes. The author adopts the most scholars viewpoints, that the primary object of thecrime is the judicial organs of normal litigation activities, and the secondary objectspecifically identified are discussed.The second part, the author explores the objective aspect of the crime ofprejudicing to testify. In this part, the author discuss the various arguments of the crimeon its objective aspect and analysis the behavior object, behavior means, temporalelements and so on.The third part, the author explores the crime of prejudicing to testify on the mainbody. In this part, the author explain the scope of this crime on the main body thatmainly from the general subject and special subject, so as to demonstrate the “generalsubject said” more suitable in practice case.The fourth part, the author explores the subjective aspect of the crime ofprejudicing to testify. In this part, the author discusses intentional content is different,but still use the subjective intention of the universal view.The fifth part, proceed from the various elements of the crime, will make adistinction between prejudice to testify and other counts. The author explores mainly for perjury, the crime that the defenders and agents destruct the evidence, forge theevidence and prejudice to testify, the crime of shielding and the crime of bribery.