Research On Several Difficult Issues Of The Crime Of Civil And Administrative Law-bending Judgment

The crime of civil and administrative defamation is the act of judicial staff who deliberately violates facts,misinterprets the law and has serious circumstances in civil and administrative trial activities.In judicial practice,judicial personnel can easily ignore the characteristics of judicial adjudication,and have different opinions on defamation behaviors.There are major differences in subjective crimes.Judge’s judicial deviation behavior or discretionary behavior is often mistakenly identified as defamation.On the one hand,this study judges the nature of defamation behavior from the aspects of fact finding,legal application and discretion,and combines the “study argument” to analyze and analyze the defamation behavior,and then proposes the standard of defamation behavior;on the other hand,deliberate controversy,subjective The analysis of motivation and subjective purpose is to analyze the difficult problems of subjective sin,to propose the criteria for deliberate and smuggling,and to exclude any form of guilty analogy.Judicial staff only under the control of direct intent,make a defamation which obviously violate facts and law,and cause a serious loss to others,affected the normal judicial activities of the people’s court and the trial justice seriously,with a serious circumstances,meanwhile there is causal relationship between the judgement and harmful result,his behavior constitutes the crime of civil and administrative defamation.This paper is divided into three parts.The first part put forwards questions,taking typical cases of the false criminal prosecution caused by the judge’s misunderstanding or exercising discretion as a sample and the disputes on the standards on the objective behavior and subjective guilty as main line,explaining the problems in asserting the crime of civil and administrative law-bending judgment in judicial practice,and clarifying the core issue of the research.The second part firstly analyzes and demonstrates the problems of the nature of the law-bending behavior through empirical research and theoretical comparison at home and abroad,and reveals the causes of the problems.Secondly,it proposes countermeasures to solve the problems of law-bending behavior standards.The third part,first of all,analyzes and demonstrates the subjective guilty of the crime of civil and administrative law-bending judgment,digging out the problems through theoretical research and other comparative research methods;secondly,it gives comments and suggestions on how to solve the problems.