The Qualitative Analysis On Local Police Inspector's Deeds Of Bribery, Perverted Releasing Others

Both Crime of bending the law to serve one's personal considerations and Crime of releasing a criminal without permission are the charges of the malfeasance crimes. There are some intersections in the objective elements of a crime between the two crimes, and also some certain controversies about the subject and the objective elements of the two. Especially, the most controversial thing is that the charge of the actor commits Crime of bending the law to serve one's personal considerations or Crime of releasing a criminal without permission after bribery is declared a crime or plural crimes. Based on a case involving above-mentioned three charges, this paper analyzes the constitutive elements of the Crime of bending the law to serve one's personal considerations, the objective aspects of Crime of releasing a criminal without permission,the specific relationship between Crime of bending the law to serve one's personal considerations and bribery, the criminal conducts and the differences and relation between imaginary combination crime and enactment concurrent crime on detail. Through analyzing this case, this paper is expected to provide some useful references values for the theoretical research and practice application of the three crimes.This paper is divided into four sections:The first section describes the cause of the case and some details about it. Qu Bin, the director of Zhouhua Police Station, took bribes and took advantage of his post to set the suspected criminal Chen Wenhua free, which led to serious consequences.The second section summarizes the controversial opinion and controversial focus of the case. In this case, the controversy focuses on four aspects. Whether the action of Qu Bin constitute Crime of bending the law to serve one's personal considerations and Crime of bending the law to serve one's personal considerations?If he commits these two crimes, what is the relationship with the bribery? Whether the crime is an essential crime or the essential plural crimes penalizing the capital felony? If it is considered as an essential crime, how the criminal be penalized?The third section analyzes the controversial focus of the case from the perspective of legal theory. Being the main part of this paper, it analyzes the criminal behavior of Qu Bin from the concept of action in our Criminal Law and the judgment of the quantity of acts. It crime and enactment concurrent crime in our Criminal Law, and the difference and relation between the two crimes to determine the action of Qu Bin is imaginary combination crime or enactment concurrent crime. Then, it analyzes the actions of objective aspects of Crime of bending the law to serve one's personal considerations,and also lists some related controversial contents of the objective circumstances of Crime of releasing a criminal without permission. As last, it discusses that in Crime of bending the law to serve one's personal considerations, which circumstance is serious, and which one is particularly serious. The author puts forward his own opinion after every analysis about the controversial focuses.The last section is the research conclusion. By detailed analysis on the case and some related legal theories, Qu Bin commits the bribery and Crime of bending the law to serve one's personal considerations. This paper considers the action doesn't constitute Crime of releasing a criminal without permission. Qu Bin implements one criminal behavior and violates two crimes, Crime of bending the law to serve one's personal considerationsand bribery and his action conforms to constitution of imaginary combination crime but not the enactment concurrent crime. Through analyzing the criminal circumstances of Crime of bending the law to serve one's personal considerations,the paper confirms that the action of Qu Bin belong to the particularly serious one. According to the article four of item three hundred and ninety nine in our Criminal Law, Qu Bin is finally considered to commit the Crime of bending the law to serve one's personal considerations and penalized in a particularly serious circumstance.