A Study On The Crime Of Irregularities For Favoritism And Non-transfer Of Criminal Cases

The crime of favoritism does not transfer criminal cases after the establishment of the law enforcement officers in the fight against "punishment for punishment" and other illegal acts played a significant role.But this crime in the judicial practice there are still many problems,therefore,combined with specific cases of this crime in practice in the practical problems of the specific analysis of the judicial practice of the correct application of this crime and the improvement of criminal legislation is of great significance.This paper starts from a typical case,first of all,the court on the case of the trial results and the basis of the decision to introduce the case of the three different opinions arising from the trial,and then pointed out that the case identified in the existence of four focus.The definition of administrative law enforcement personnel,combined with the different viewpoints of administrative law enforcement personnel,analyzes the duty of the defendant in this case is "engaged in public service",the identity belongs to the administrative law enforcement personnel;Second,the "favoritism" in this crime,should include both for personal purposes,favoritism,self-interest,but also for the unit to seek unjustified interests,in the broad sense of the scope of favoritism.Third,in this crime,should be presumed not to transfer the relevant cases of the staff is "knowingly","knowingly","crime" should be used as the basis for the determination of the severity of the crime,rather than to determine whether the crime is a key factor;"Should be specifically included in two aspects,namely,the exact knowledge and presumption should be known.And the transfer of the object should be the law enforcement process to investigate the specific case rather than the case related to the suspect;Fourth,the "serious circumstances" in the identification of this article closely linked to the provisions of the law.The last part puts forward the legislative perfection of this crime according to the analysis of the second part.The main suggestions are as follows: considering the rationality of the unit as the subject of this crime,the "affirmation of wrongs" as the accusation of this crime;Is the existence of the fact that the original criminal case has been held criminally responsible;the legal requirements of the "serious circumstances" of the elements to be abolished.