A Legal Analysis Of The Series Of Judges’ Committing Crimes Of False Litigation And Malfeasance In Guangdong Province On May The 28^th

Judicature is the final defensive line for the maintenance of social fairness and justice, while the judges being the guardians and defenders. Therefore, whether the judges can administer justice impartially in conformity with the law and consciously safeguard the integrity of the law has a bearing on the ultimate realization of social fairness and justice, which also reflects the level of a civilized and advanced society. However, some judges have abandoned their belief and faith in nomocracy. They abused judicial power entrusted by the people for their own interest and unscrupulously handled false litigation cases, which caused severe damage to the credibility of judicature, brought huge economic losses to the country and caused harm to the society. A series of cases of the judges’ committing crimes of malfeasance on May the 28 th in Guangdong Province are typical ones of this type.This paper probes into the most significant Xie’s case among those series of cases. On the basis of the theory of the criminal prosecution of crimes of malfeasance, this paper makes a legal analysis of the declared guilt of abuse of power and taking bribes from the perspectives of the subject of crimes of malfeasance, the subjective fault, the object, the objective action and the causalities in combination of case facts and the legal theories. And it also studies the existing deficiency of the prosecution of crimes of malfeasance in terms of its legislation and juridical practice, on the basis of which this paper comes up with precautionary advice against the judges’ committing crimes of malfeasance. This paper aims at initiating a discussion about judicial officials’ committing crimes of malfeasance among jurisprudential scholars and judicial staff, and meanwhile arousing the policymakers’ emphasis on the much-needed construction of the supervision mechanism in the judicial reform.