Analysis Of Controversial Issues Involved In The Judicial Cognizance Of The Crime Of Bending The Law For Selfish Ends

Crime of blending the law for selfish ends is a typical crime of dereliction of duty that the procuratorial organ attaches great importance to investigate. Because the criminal law provisions are relatively principled, there is much controversy in the constitution of this crime in theory circle and practice circle. This paper takes a typical case of suspected favoritism as an example to explore the concurrent crime and legal concept including controversial favoritism, guilty, judicial officers, etc. And put forward my own opinion to better guide the judicial practice.This paper is divided into four parts:The first part briefly describes the typical cases and qualitative disputes. Mr. Gu, the police inspector of a forest police station, shields the crime of Mr. Zhang that illegally logs national key protected plants to seek economic interests of the unit and protect the interest of his friend Mr. Zhang, and arranges him subordinates Mr. Yan, Mr. Zeng to escort Zhang’s transport vehicle through timber checkpoint by driving a police car; there is much controversy in the conviction of Gu, Zeng and Zhang. The representative viewpoints is favoritism, misuse of authority and the accomplice of illegal logging of national key protected plants; the above debate focuses on how to identify "favoritism", "judicial personnel", "guilty", and the relationship between favoritism and misuse of authority and former case accusation.The second part is a legal analysis on the focus of debate. This paper thinks that the "selfish" of favoritism should be understood as "practice favoritism" which is against "justice", including selfish group and collectivity; "guilty" is a dynamic standard, the key is that whether there is sufficient proofs to prove that it has reached the start conditions of criminal procedure; the subject of favoritism should be the staff that has legal relationship with the former case and has the corresponding judicial authority; the relationship between favoritism and misuse of authority is overlap of article of law, and the relationship between favoritism and the former case accusation is image of article of law.The third part puts forward concluding observations on this case. This paper thinks that Gu, Yan and Zeng constitute the crime of bending the law for selfish ends. Gu exercises is criminal case investigation power, which meets the subject requirements of favoritism. Gu’s behavior disregards the state judicial justice, violates the "justice" legal interest protected by criminal law, it is the typical favoritism; Gu is familiar with the criminal procedure of forest resource crime, and after the crime happened, he knows that Zhang is involved in illegal logging of nanmu, and he is a "guilty"; Gu’s behavior meets the key component of favoritism, misuse of authority, illegal logging of national key protected plants, according to the rule of overlap of articles of law and image of articles of law, it constitutes the crime of bending the law for selfish ends.The fourth part is the favoritism‘s enlightenment to this case. This paper thinks that "favoritism" is not "personal selfish", but the selfish that violates the principle of justice; identified "guilty" should refer to the stage characteristics of criminal action; identified "judicial personnel" should regard the doers’ responsibility as their standard, and the legal relations of the former case disposal as the basis; the relationship between favoritism and misuse of authority is overlap of article of law, and the relationship between favoritism and the former case accusation is image of article of law, therefore, we should dispose with the principle of special clause first and felony punishment.