Research On Some Problems Of Bending The Law Crimes

The British philosopher bacon said:"The influence of an injustice judgment over more than ten times crime. For the reason that, crime is disregard the law--like pollute of water, and an injustice trial destroyed the law--like pollute the source of water".In my article, the system is constitutive requirement of the crime of bending the law, discussed the existing problems and in the dispute for all the aspect of constitutive requirements. In the subject of the crime of bending the law, in my opinion, expect that court clerk, regulators and logistics should undertake the corresponding responsibility of themselves, they also should assist judicial offices to investigate criminal activities. In this condition, they may become the subject of the crime of bending the law.In addition, because of the judicial committee members and the people’s assessor undertake the responsibilities that equals to the judicial officers. They are the subject of the crime of bending the law, too. In the criminal law of our country, there is no rules that the crime of bending the law could constitute by units, but the behavior of bending the law for collectivity is really exist. Such behavior is not constitute the crime of bending the law of unit crime, but for this situation,it should trace the criminal responsibilities with the governor and other responsible person for the crime of bending the law.In the subjective aspect of the crime of bending the law. It is actual intent. That is to say, the judicial officers are fully aware of they utilized the profit from the official advantages to execute the behaviors of the crime of bending the law. Because of the factor of indifference in indirect intention, it could not give expression to the subject characteristic of the crime of bending the law. So the subject attitude of indirect intension could not be the constitutive requirement of this crime. Meanwhile, it also need the subjective motive of bending the law to constituted the crime of bending the law.In the objective aspect of the crime of bending the law, for the understanding of pervert the law, it should be confirm the defendant have constituted the crime or not to finally definite the concept about "the guilty". With the definition in the profit from the official advantages, only restrict relation in lengthways could constitute the crime of bending the law. The restrict relation in crosswise is over the different functions of different units, so that can not be affirm for the crime of bending the law. According to legal procedure, For the issues of which legal processes could establish the crime of bending the law, the essence is the different functions of judicial office in different phases of criminal procedure law. This kind of understand is accord with the original purpose of legislation. Because of the existence of the character for modest of criminal law in our country, the indifferent attitudes of judicial offices for some behavior also can constitute the crime of bending the law.In this article, there are discriminates between the crime of bending the law and some other approximate crimes to declare the characteristic of the crime of bending the law for the other aspect. In the basis of this, found the legislation shortcomings and put forward some good and reformation advises to make it perfect.