Causes And Prevention Of Justice Duty Crime Research

The duty-related crime of judge is the crime referred to the judge who taking advantage of the adjudicatory function to accept bribes or engage in fraudulent practices for personal gains or other conducts that will damage judicial fairness and will be published by criminal law.With the strengthening of the investigation and punishment of judicial duty crime,the judge crime of duty has been curbed,but the status quo is still not optimistic: Woan,more string of cases,crime concealment strong.The most chilling is that some master the defendant personal freedom of the judges actually become the umbrella of criminals,so justice nowhere to stretch.These phenomena,with the justice of the judicial image of justice is a serious conflict.Why,then,the judge sitting in the high seat of the trial will go into the abyss of crime? Why fight against judicial corruption has been in action but failed to ban this phenomenon?The reason is complicated,including the absence of clear policy orientation,the unreasonable rules of crime number,the insufficient punishment in the application of accessory penalties,the light-penalization in the application of penalties and so on.All the reasons the writer mentioned above is bad for punishing the crime that has already happened.the existing economic treatment and job security is difficult to meet the professional title of the judge Or because of the loss of professional ethics,or by external factors forced to become the judicial operation of administrative,localized victims or interests in the game of "beneficiaries",which are not conducive to the prevention of possible crimes;administrative procedures It is difficult to supervise the judge,the supervisory function of the trial procedure is dissimilated,the procuratorial organs have difficulty in exercising the supervisory function,and the supervision of the press and public opinion is not standardized.It is the time to recall the painful experience.First of all,the rules of crime number need to be change and what we should acknowledge is that Article 399 Item 4 of ciminal law is a legislation flaw.So this regulation should be rigorously interpretated and applied.To appropriate increase in the use of qualification and property punishment.Secondly,improve the anti-interference mechanism of judges,promote the independence of judges,so that the leadership will not interfere in the case of the case.But also through legislation and prosecutorial recommendations to regulate the discretion of the judge to make it lose the "transaction" of the right;Moreover,to establish a match with the judgesjob salary and job security system,to cultivate its transcendent neutrality,protect human rights And the protection of legal interests and other modern judicial concepts;Finally,the implementation of property declaration publicity,set up a judge to act as a supervisory committee,from the administrative to the judicial model of accountability change.Through the legislative supervision of the procuratorial procedures and substantive issues of the system,and actively expand the sources of cases to promote investigation and prosecution work.In the protection of media knowledge,investigation,exposure and other rights under the premise of the trial will be placed under the supervision of the masses to public opinion to urge the judges to regulate the judiciary to prevent duty crime.