The Study Of Some Questions Of The Crime Of Prejudicing Testify

The crime of prejudicing testify that added in the new97-year criminal offenserefers to the Violence, threats, suborn witnesses and other methods to prevent or directothers to act of perjury. In recent years, cases of the crime of prejudicing to testify areincreasing rapidly. So in order to protect the legal rights of the party better, we need tobe more careful and seek truth from facts to treat the application of this crime.Besides the introduction and the epilogue, it is divided into three parts:The first part mainly introduces and analyzes the crime object of Chineseprejudice to testify Crime. This part combines two big legal systems for the witness ofthe definition and the concept of the witness in the procedure law in our country,elaborates the concept and scope of the criminal object of witness, which is only in anarrow sense; By analysis and comparison, this part expounds the understanding ofothers of the object of this crime, namely referring to everyone except himself, whichcan either know the case, can also be a person who don’t know the case.The second part mainly interprets the behavior elements of this crime. Firstly,this part discusses the necessity of the methods for this crime to restrict, by threeaspects about protection of human rights, the theory of anticipated possibility (or thepeople’s survival instinct) and foreign criminal legislation. Secondly, it analyzes themeaning of "hindering witnesses from giving testimony". Lastly, it elaborates the meaning of "instigating others to commit perjury", through Interpreting deeply about"instigating" and "committing perjury".The third part mainly introduces some disputed cases of the judicial practice, andexpresses my own opinions. The behavior, soliciting partners in crime giving falseconfession or colluding on military alliance with each other, can not constitute thiscrime in my opinion. The behavior, directing others to file a false lawsuit, is one formof "instigating others to commit perjury". When it meets to other composed elementsof this crime, it would constitute the Crime of prejudicing testify. Defenders withrelatives of the defendant instigating the victim giving false testimony, can notconstitute the Crime of Defenders of prejudicing testify, but constitute the Crime ofprejudicing testify, by comparing between the Article307and Article306of theCriminal Law.