Understanding And Application Problems And Improvement For Crime Of Irreglarities For Favoritism Non-transferring Criminal Cases

Crime of Irregularities for Favoritism Non-transferring Criminal Cases new form of dereliction of duty in 1997 criminal law, aimed at combating the administrative enforcement process harboring, shielding criminal acts, from the fundamental solution to stop criminal penalties, thus maintenance of public legitimacy and credibility. But in practice, the application of this sin is very small, resulting in many criminals to escape criminal liability. This is mainly a problem of law enforcement conditions, monitoring mechanism and legal environment, but the legislation also worth exploring place. For now, this crime although there are legislative, judicial interpretation of norms and administrative regulations, but the crime has not yet formed an autonomous legal system, there is room for further improvement needs and progress. Combining theory research, this paper from favoritism is not the object of criminal cases, objective behavior, body, and these four aspects of subjective intent of its shortcomings, and make recommendations to improve the legislative and judicial.The first part of the main body of the crime set forth applicable at this stage in the judicial and legislative problems that exist. The first is the object of the Determination of controversy. Secondly, on the understanding and application of objective elements, indicating that this crime will be "favoritism" as the elements of the crime unreasonable. For the "no surrender" no transfer time in criminal cases as well as the transfer of this crime is the "clue" or "case" is also in dispute. On penalties applicable legislation lacks definition of the crime "serious cases" and the standard of "serious consequences". Then, divide the main range were discussed. Law enforcement officers which specifically refers to whether and "units" can become the subject of this crime is the crime in all the problems in the judicial practice. Finally,also on the subjective "intentionally" in the understanding and the applicable dispute were discussed, as well as point out the crime and the existence of this crime are incompatible issue.The second part is the reason for the crime problems were analyzed. The main legislative system is not perfect, the law does not include specific and violate the basic principles of criminal law, and lack of uniformity of judicial application of reason.The third part based on the issues raised previously, as well as analysis of the reasons put forward specific recommendations to improve. On objective elements, it is recommended not to "favoritism" as a condition of the crime of conviction, but should serve as a sentencing condition. Refer to "dereliction and infringement cases registered standards", from the number of crimes of this crime, and other aspects of the subjective nature of the case and malignant behavior of people were considered to determine the punishment of the crime of "serious" standard. According to "functional say" define the scope of administrative law enforcement personnel, and that the unit should also be the subject of this crime. Subjective "willful," the judicial determination provides a method. From the "fit the crime" angle perfect punishment and crime.Finally, the last part of the article concludes with the lack of research on.