Research On Some Problem Of Bending The Law Crimes

The crime of Bending the law was typical, in the judicial practice is a relativelycommon, multiple rounds of job-related crimes,1997Penal Code the crime ofbending independence from the crime of irregularities for favoritism, more descriptionof the judicial staff of dereliction of attention. Bend crime severely damaged thenormal work of the judiciary order, damage the judicial justice and judiciary organsprestige reputation. Bending the Law Crimes as a serious judicial corruption crimewas one focus of prosecutors investigating the case. Due to provisions of the criminallaw provisions on the crime of bending the constraints and lack of relevant judicialexplanations and theoretical understanding of inconsistencies, resulting in judicialpractices found there are a lot of difficulties and problems on the crime of bending thelaw, thus bending the law in criminal punishment of the poor of the judicial staff,serious damage to the legal authority of China, hinder the process of construction ofrule of law in China. Therefore, crime of bending the law applicable in the judicialsector and the world of practice has always been of concern. Theoretical and practicalin-depth studies, however, the crime of much controversy still exists. This main oncriminal law world and judicial practice territories in the bending the crime exists ofmany dispute problem, combination typical case, from its legislative overview, andcrime of constitute (main is this crime of crime main, and subjective area andobjective area), several area, in predecessors research of Foundation Shang onbending the crime for again in-depth of research, and on which of dispute problemmade themselves of views, to better of guide judicial practice.Quote of the subject of this article, it is divided into three parts:Part one: Bending the body of the crime problem. Authors in this section aremainly on the subject of crime of bending, the discussion on the scope that onlypersonnel with judicial duties may become the subject of crime. And on the subject, aswell as some special units can constitute a discussion on the subject of crime of all.Part two: Bending the subjective aspects of the crime. Main crime of this"favoritism""Act wrongly out of personal considerations," the meaning andunderstanding of the status of proposed "favoritism""Act wrongly out of personalconsiderations," is a crime motive for this crime, and constitutes one of the subjectiveelement of the crime; Think "favoritism" includes not only give in to individualprivacy, as well as give in to units, a small group of private; Indirect intent crimes donot form a bend.Part three: Bending the objective aspects of crime. I think bending the crime as atypical example of job-related crimes, must be to take advantage of my position,taking advantage of his position to facilitate not only the use of my duties, while alsoincluding the use of convenience or other duties related to the terms and I, andconstitute a crime of bending the proposed restrictions on the latter; Crimes ofomission may constitute the law for selfish ends; Think that light is not expresslyprovided for in the criminal law prosecution act constitutes the crime situation, is aloophole in the legislation.