The Theory Of Judicial Research Of Malpractice In Recruiting The Civil Servants And Students

The malfeasance has become increasingly fierce along with the social development in recent years, which shows a trend of diversification and complication gradually, especially the types of the crime of students enrolling and official malfeasances are on the rise. The crime of enrolling students and committing irregularities by civil servants is the key point of the judicial practice and theoretical teaching.This article combines with the current status of China’s legislation and judicial practice, at the same time, the paper combines with the newly added crime of cheating in the exam in The ninth Criminal law amendment,“the Explanations about how to deal with malfeasance cases(one)”, which is went thought by The supreme people’s procuratorate and The supreme people’s court in 2012(the paper calls it‘ explanation one ‘for short below) and “The provisions of legal Standards about malfeasance”, which is went thought by The supreme people’s procuratorate in2005(the paper calls it‘ The provisions’ for short below),in view of the judicial practice about the crime of enrolling students and committing irregularities by civil servants, I put forward my own views to enrich the legislation of this crime in theory and provide reference for the future judicial practice in the acknowledgment in practice.This article is divided into four parts altogether:The first chapter is “The current situation of the crime of enrolling students and committing irregularities by civil servants”, in this chapter, the author collects relevant legislation on practice favoritism and punishment of the exam at home and abroad; at the same time,The author Sum up the problems of this crime in judicial practice according to typical cases in China.The second chapter is “The clarification of the concept of the crime of enrolling students and committing irregularities by civil servants”, in this chapter, the paper aims at crime subject to clarify the concept of practice favoritism and civil servants and so on, this will bring a behavior of space and time, which is aiming at how to understand the problem of “In the process of recruiting”.The third chapter is “The puzzling question about the crime of enrolling students and committing irregularities by civil servants”, in this chapter, we capture the current judicial practice problems of frequent appear but hard to be identified, mainlyincluding the identification of the number of crime after bribe-taking, the collusion of crime by crime subject and the main body, the problem of legal Standards and accomplished offense and the attempted.The fourth chapter is “This crime and the organized crime of cheating in examinations in The ninth Criminal law amendment”. In this chapter, the paper combines with the organized crime of cheating in examinations in The ninth Criminal law amendment, which is interpreted from the legislation background, legislative purpose and crime constitution, this paper put forward its own views on how to deal with this situation when this crime conflicts with the organized crime of cheating in examinations in practice.