Research On The Crime Of Bending The Law For Selfish Ends

Bending the law for personal gains not only undermines the normal judicial activities ofthe judiciary, but also the dignity of law and the integrity of criminal justice. Therefore, Chinahas always put the investigation of bending the law for personal gains as the main task ofpunishing malpractice. The criminal object of bending the law for personal gains is judicialauthority’s normal activity and the integrity of the judicial process. In special cases, if theinnocents are prosecuted or received guilty verdicts by acts of bending the law for personalgains, then civil legitimate interests are violated too. The objective aspect of this crime issubject to prosecution persons they clearly know to be innocent or intentionally protectingfrom prosecution persons, or being against facts and laws to render judgments that misuse thelaw. The so-called innocents mean the person have never committed an act endangeringsociety or though he commits an act endangering society but he’s not be considered to commita crime and bear criminal responsibility in accordance with the criminal law. The guiltymeans the person is suspected of committing an act related to the crime, and can be regardedas “the guilty” as long as evidence then is up to the standard of investigating and executingcriminal cases.“Take advantage of their offices” is the inevitable requirement and necessarycondition of the objective aspect of the crime, and professional convenience means to takeadvantage of criminal judiciary power, but in joint crimes one probably can still constituteaccomplice even though he doesn’t take advantage of his offices. The subject of crime isjudicial officers and institutions cannot be the subject of crime. The subjective aspect of crimemust be direct and intentional, which means that the party positively conduct such acts thoughhe knows such acts will cause serious damage to the criminal prosecution procedure.“Playingfavoritism” is the criminal motive of this crime.This crime is behavioral offense, so it doesn’t need to achieve the consequences as theinnocents are prosecuted, the guilty are free from criminal liability or miscarriage of justice is established. No matter whether the above-mentioned results are caused or not, it can beregarded as bending the law for personal gains as long as all statutory conducts are done. Asto general mistakes of judicial officials in work, it should not be dealt with as crimes. Injudicial practices, we should distinguish what constitutes an offence from what does not, andthis crime from that crime.