The Practice Problems And Solutions Of Irregularities Gain Not Handing Over To The Criminal Cases

Favoritism is not transferred to the Criminal Cases is a new additional counts of criminal law in1997, is separated from the crime of abuse of power, the establishment of this crime has played a significant role in the fight against the violations of administrative law enforcement personnel. But should also be aware of this crime in the judicial practice, there are still many problems, resulting in difficult, difficult to verify in practice. Which this crime problems exist in practice, the argument is necessary, this has important implications on judicial practice in the correct application of this crime.This article is divided into three parts, namely the proposed crime of irregularities for favoritism non-transferring criminal cases exists in practice problems, analysis and demonstration of these practice problems, finally put forward improvement measures. First is made this crime in judicial practice in the exists of challenges, main including on "administrative law enforcement personnel" of connotation and extension defined does not;"law transfer" should in accordance with what method transfer,"should transfer" should in accordance with what standard transfer, transfer time should in accordance with what provides developed, transfer main and accept main how determines;"favoritism" is is this crime of constitute elements, is subjective constitute elements also is objective constitute elements;"favoritism" is including favoritism love, and give in to units of private; This is a combined punishment of the crime of accepting bribes and crime is a felony punishment.Then there are specific to each practice problem analysis, mainly in the combination of theory and practice in various perspectives on each issue analysis, preliminary draw their own conclusions. Specifically, the connotation of the administrative law enforcement personnel including the execution of public behavior in the organization authorized by the laws, regulations, commissioned by the execution of official acts, the behavior of the performance of official duties, as well as directly by the executive in the organization of the executive authorities entrusted "identity theory" that does not include more persons, the "functional theory" and above, I agree with the "functional theory "."Administrative law enforcement personnel" of extension in the, on police of main identity, has think constitute this crime, has think constitute bending the crime, has think two crime are can constitute, I think are can constitute, should see occurs in performance what duties of process in the; on discipline, and monitored personnel, has certainly said and negative said, I think in currently of situation does not constitute this crime; on administrative organ,, also exists certainly said and negative said, I think administrative organ actually constitute this crime. On "law transfer" of standard, has think to criminal entity method of provides for quasi, has think both to criminal entity method of provides for quasi, and to criminal program method of provides for quasi, in considered criminal program method of provides, has think both including public prosecution case, also including private prosecution case, has think only including public prosecution case, I think both considered criminal entity method, again considered criminal program method, and only including public prosecution case."Transfer" criterion,"the Court said", the Chief law enforcement officer of its own to understand standard says, the original of said facts exist, I agree with the last point. For the transfer time, and found that is, transfer, transfer, transfer within a certain period after the investigation of all the facts say, I agree with the last point. On the transfer of principal and accept the main, and only just provide direct transfer to the judicial authorities of the, I believe that just provide direct transfer to the judicial authorities."Favoritism" formation position, there is a variety of views, I agree with the motivation to say."Favoritism" scope, I believe that "favoritism" should include favoritism, self-interest, give in to private. On several issues of crime of bribery crime and crime, says a felony and combined punishment for several crimes that, in my view constitute implicated should be combined punishment for several crimes.The last part of the analysis of the second part of the improvement measures, divided into standards of justice, unity and legislative perfect. In terms of standards of justice, unity, shall be transferred "shall mean the transfer in accordance with the provisions of the substantive criminal law and criminal procedure law, the criteria should be transferred to" exist in the original bill in fact prevail, on the period of investigation in reference to the Criminal Procedure Law time limit shall not be transferred, the crime of accepting bribes should graft. On the legislative front, increasing the administrative authority, discipline inspection, supervision, constitute provisions of this crime, not handing over the acceptance of the principal should be to analyze specific issues, remove the "favoritism", and its provisions for aggravating circumstances.