The Legislation Improvement For The Crime Of Irregularities On The Recruit Civil Servants

The crime of recruiting civil servants favoritism is an additional charge for Criminal Law of the PRC(1997 Revision). Supreme People’s Procuratorate(SPP) Interpretations made the incrimination clear; In early 2013, “Interpretation of the Supreme People’s Court and the Supreme People’s Procuratorate on Several Issues Concerning the Application of Law in Hearing Criminal Cases Involving Malfeasance in Office” distinguished the competition of the crime from Bribery. However, since the issuance of the 1997 Revision, there have been few judicial practices of the crime.Besides ineffective judicial punishments, inadequate theoretical understanding and legislation are critical factors. According to the commonly accepted view, the object of crime is single object, that is the civil servant recruitment system. This paper argues that the view is unscientific.The object of crime is complex object in that it violates both the civil servant recruitment system and equal employment rights of citizens. The favoritism harms not only the country’s management system, but also interests of citizens. Through detailed analysis, the paper proposes that the crime has the social value of safeguarding social mobility and thus the legislative values should be reinterpreted.In terms of specific legislation, some articles concerning the criteria for opening the case stipulated in “The Provisions of the SPP on the Criteria for Opening Cases of Malfeasance and Infringement Crimes” have clearly lagged behind. Because the criteria are too strict, which is in fact the indulgence of legislative power. the social changes aggravate social harms of the crime. In this way, the range of sentencing in the 1997 version is ostensibly too narrow, inconsistent with the Principle of Suiting Punishment to Crime. Through detailed analysis, the paper proposes that the crime has the social value of safeguarding social mobility and thus the legislative values should be reinterpreted. Improvement and reconstruction of the crime of recruiting civil servants favoritism in China.However,Through detailed analysis, the paper proposes that the crime has the social value of safeguarding social mobility and thus the legislative values should be reinterpreted. Public institutions with worse recruitment process have become the harder hit areas. Therefore, The paper suggests that the recruiting favoritism of public institutions covered in the Criminal Law. Since the 18 th CPC National Congress, the rule of law has been consolidated, which posed greater challenges for combating corruption. The legislative criminal punishment of duty-related crimes should correspondingly be narrowed and the law should be made stricter. In addition, changes in the legislations of relevant laws and policys, such as " Civil Servant Law of the PRC ",have transformed the way of favoritism. Against the context, the criteria for opening the case should be made lower(more lax) as well. Therefore, the punishment of the crime should be made more severe, and the combating should be more fierce, which rediscovers and fulfills its legislative values.The improvement of relevant legislations play a vital role in promoting fairness and justice of social mobility system, coordinating and building up good relationship among all levels of society, and improving harmonious socialist society.