Research On Practice Problems Of The Crime Of Bending The Law For Selfish Ends And Solutions

The crime of Bending the Law for Selfish Ends is is a serious crime, which not onlytarnished the fair seriousness of the legal and judicial activities, and will greatly harm themasses of the people’s trust in the national judicial authority. However, because the mainbody of this crime is unique, there are many difficulties of forensics of many acts, andcriminal law provisions of this crime are still some problems. As a result, this crime hasled to many problems in the judicial practice, and a serious impediment will obstruct thefavoritism criminal prosecution and investigation. Should be understood broadly theprosecution.Through interpretative theory route, I put forward my own idea to solve the practicalproblems: In the main body of the crime, there is a dispute on the meaning and scope ofthe "judicial officers", I believe we should adhere to the theory of responsibilities. Thejudicial staff which should becomes the main body of this crime must assume specificresponsibilities. The "knowingly" which is in the subjective spect of the crime shalladhere to the two elements; the nature of "Favoritism" and "partiality" should be amotive for the crime, In its content, I believe that the Favoritism of unit and group shouldbe including within the scope of" private ".The objective aspect for the understanding ofthe "guilty person" should adhere to the "suspected criminal theory."Using his positionto facilitate "should be used as one of the objective elements of the crime. Theprosecution Should be understood broadly, Contains the file before the perpetratorbecause of favoritism, partiality on innocent people, the implementation of coercivemeasures or coercion. In the composition of an accomplice, I believe that non-judicialstaff can constitute the instigator of this crime, to help guilty of this crime can constitutea joint principal offender. The qualitative aspects of the accomplice, I believe that inorder to implement the criminality of the act to determine the nature of common crime isbasically appropriate. Crime number, I believe that bribery and perverting the law existsbetween the causes and results implicated the relationship should be recognized asImplicated; imagine the relationship of competing with other related offenses.Finally, through perfecting legislation, to solve problems in practice: the crime counts for making corrections to the abolition of favoritism, partiality "; modify thiscrime charges be changed to" the prosecution of criminal pervert the law, the referee sin ";improve the legal punishment of this crime. to increase the property punishment andeligible for punishment.