The Crime of not Handing over Criminal Case with Malpractice for Self
|Keywords||Dereliction of duty Corruption Pre-case Legislationsuggestion|
Administrative corruption already has become a malignant tumor in Chinese to build harmonious society on the road. Favoritism is not transferred to criminal cases, a higher incidence of a class of cases of dereliction of duty as our focus on combating a criminal offense. Favoritism does not investigate and deal with the transfer of criminal cases, criminal behavior is not only related to the normal operation of Chinese socialist market economy, but also to the national executive, the judiciary and the ruling party prestige in the minds of the people. Therefore, we can say the crackdown on this kind of crime is directly related to the overall situation of Chinese reform and opening up. On the basis of the domestic legislative history of the introduced favoritism transferred to the crime, the concept of this crime in our penal code, constitute the elements and the judicial determination of the in-depth analysis, and proposed legislative improvement recommendations.The paper is divided into an introduction, three parts of the text and conclusions.The introduction of the author and the graduate level theoretical knowledge, and rely on the relevant policies of our country at this stage, leads to the cause of the writing of this article and make This article focuses on issues to be addressed.Text is divided into four parts. The first part describes the favoritism is not handed over to the criminalization of acts of criminal cases, first a brief introduction to the legislative process of this crime, and then at the same time expressed its legislative value, leads to still need to solve the problem. Chinese ancient and modern on the official punishment measures and the relevant provisions of article first briefly introduced, and propose it is because the ancient thinking of running the country, the establishment of the crime of favoritism today the transfer of criminal cases historical basis; As the economy continues to develop after the founding of the social division of labor is increasingly clear, and an endless stream of crime and the intervention of foreign jurisprudence, this crime set up to provide a practical basis, it can be said of this crime, the introduction of social development inevitable. The value of this crime legislation, from the legislative perfect environment for law enforcement, judicial practice, the three angles of the crime of introduction of the positive. But all legislation not once in place, which can not help this or that problem, which provides a realistic demand for the future how to improve its contents.The second part of the author of the constituent elements of this crime resolution. That part of the core content of this article, also divided into the understanding of the subject, subjective, objective aspects of understanding. For the subject of the crime, the author focuses on the scope of the administrative law enforcement personnel finds that discussed for some special personnel such as public security organs, urban management constitute the main body of the crime. Subjective aspects of this crime, I introduced the understanding of this crime, identification of "favoritism" and "knowingly". I believe that the article "favoritism" in this crime should be understood more broadly, many have suggested, the unit of the private, and made a related argument grounds."Knowingly" should include know exactly what and the presumption should be aware that two kinds of cognitive state. Finally, the objective aspect of this crime, the author described the "fraud", which shall be transferred without transfer," serious "the problem of identification. I believe that the corrupt conduct should not be a measure of crime or the key factor, but as an important benchmark to measure heavy with sin. As for not handing over the object should be a specific criminal cases. In the circumstances are serious, I put forward a bad idea in some judicial interpretation related to the specific circumstances, as a judicial interpretation added.The third part of the author of this crime problems were discussed, including research and analysis of this crime, the crime number for this crime,"the former case". In the former case, the author first before the rationality of the case title description. Secondly, to explore the nature and criteria identified the correct standard was established by the prior art should be:there is evidence of the facts of the crime, and criminal responsibility. The problems of the prior art for this crime, I will locate the object of the crime of specific recognition criteria, the general idea is to combine the specific cases of a specific analysis. For the sins of this crime, number of problems I elaborated and cover up the crime and bribery crime number relations, I believe that for this crime and cover up the crime should be handled in accordance with the Lapping of Legal Provisions relationship, giving priority to the application of this offense; For this the author of the crime of accepting bribes should be processed in accordance with the graft at the breaking principle.The fourth part of the author some of his own proposal on the Perfection of the crime. Include the crime the subject of this crime should include units, discipline inspection and supervisory personnel to become the main body of the crime. Followed by combination of a judicial practice of "favoritism" in this crime counts set reasonable question that should remove its representation in the law. Lost again for the circumstances are serious, the provisions of this crime counts to theoretical and practical basis, it is recommended that specific, some absorption of judicial interpretation. Finally, the legal punishment for this crime, I set the irrationality that should be appropriate to improve its legal punishment in order to better carry out the implementation of our stage criminal policy.Finally, the concluding remarks of this article.