Study On The Objective Aspects Of The Crime Of Bending Related Problems

People all say the judicial corruption is the biggest corruption problem because of the prevention and control difficulty.Now anti corruption is an important social topic in our country.The judicial staff plays a key role in the anti-corruption process.But in the process,Judicial know the law but break it, the situation is still widespread.The crime of bending means the judicial staff make someone be prosecuted when they konw he is innocent and cover up someone intentionally while they konw he is guilty,or in the crime trials they pervert the law judge which is contray to facts and the law deliberately.But because of the poor legislative terms and the complexity and variability of the judicial corruption cases,the practical and theoretical circles of scholars still plagued with the determination of the related problems of the crime,especially in the objective aspects.This paper focus on the premise,the object and the styles of the the crime of bending,and put forward some concrete determination standards for the above problems.The first part of this paper tells about using the convenience of duty,which is the premise of the crime.Firstly through the relevant provisions for the judicial staff in the general provisions in criminal law,we summarize using the convenience of duty is the premise of the crime.Then we analysis using the convenience of duty and the convenient condition of authority and the status of the formation of bribery so that we can conclude the premise of the bending crime contains the first aspect only.Secondly,concrete determination standards of the object of the crime will be shown on the paper. Innocent people not only conclude those persons who meet the four constitutive elements of crime,but also those persons who shall not bear criminal responsibility.To judge a peron who is guilty or not,we should be based on the theory named “Be suspected of a crime ”.It is to say that you just have to believe firmly there are criminal facts and the peson should take the rap based on the existing evidence and facts.Following, we will talk about the ways of act of the crime of bending,which is the main part of this paper.It contains three parts: making someone be prosecuted when the judicial staff konw he is innocent and covering up someone intentionally while they konw he is guilty,or perverting the law judge which is contray to facts and the law in the crime trials deliberately.Above all,we conclude that practicing favoritism is the motivation elements for the establishment of crime through the discussion of the nature and status of practicing favoritism.In the third part,we divide the prosecution scope into three parts.First,we should make a difference in treatment with taking strong measures before registration according to circumstances.In the case of the mere act of revenge,it should be convicted and punished in breach of privilege while be illegal activities based on a certain amount of evidence in order to be better to fight crime.Second,when the judicial staff ignored charges and prosecution which should be placed on file,they also should be convicted and punished in breach of privilege.Third,we definite the scope of “prosecution” in generalized understanding.That means judicial activities is also in the scope of prosecution.Fourthly,we think the deliberate act of a heavy sentence or a light is the expression of law prosecution behavior. Lastly,we divide the referee act which perverting the law.Meanwhile the fact should be factum juridicum the judge have countered,but not the objective facts.Equally the legal provision the judge have countered should have causal relationship with the formal case but not the procedural rules.Last,we will meet the summarization for the objective aspects of the crime of bending.