Legislative Comment And Perfection Of The Crime Of Bending The Law

The crime of bending the law has existed in ancient China already. This crime,called"offense of imposing lighter or heavier sentences"at that time, was included inthe official crime and constituted many quite stem rules for punishment. The crime ofbending the law has a early origins. We can find provisions about inadequate penaltyin the western zhou dynasty, analogous provisions also can be found in qin dynasty、western han dynasty and tang dynasty. The crime destroys the normal justiceregulations, blemishes the national prestige and does much harm to the societyseriously. As a typical crime of misconduct in office among judicial Personnel, thecrime of bending the law not only blasphemes the dignity of the law, but alsodamages the fairness of criminal justice directly and trust in this fairness of the public.The judicature corruption which results from the looseness of execution and theperversion of the law by taking bribes, etc, of the judicial personnel, the guard ofsocial democracy is extremely detested by people. The crime of bending the law isalways considered the most serious and important crime of misconduct case by thehighest peoples procurator. Whereas, the theoretical research about it is still keepingrather weak. What’s worse, because of the frequently happened the crime of bendingthe law, some new problems come forth in judicial practice and draw attention fromtheoretical circles and practical circles. Although some progress is made, but sometheoretical confusions are still exist and worth discussing. Such as: How to identifythe "guilty person"? What is the relationship of "for favoritism"and"for partiality"? Istheir presence necessary? How to comprehend "knowing"? Thus, taking the crime ofbending the law as the object, combining the theory of criminal law and judicialpractice and based on the analysis on the current criminal law and relevant judicialinterpretation contents this paper went a deep research on the theoretical and practicalproblems of this crime, so as to benefit the theory and practice of this crime.