论徇私枉法罪中的徇私枉法行为-法律专业论文.docxVIP

Abstract The crime of bending the law for selfish ends is the typical type of official misconduct. It is so important that we must finger out. Distinguishing this behavior is the key point to identify official misconduct which matters to know boundaries of the crime and the non-crime, this crime and that crime. The behavior of bending the law for selfish ends is only so different between Etymology and Criminal law, but also in many countries’ legislation. Combining legal practices of our country by basing advanced theories from others, we should find that is reasonable to definite this behavior as: in criminal procedure, stuff member of legal system take advantage of accepting bribes though obeying the fact and law by intention to make innocent person into guilty, some guilty person escape from prosecute and trial and so on. Making sure the definition creates good opportunity to having a study of analyzing the structure of the behavior. The main body of this behavior is only the stuff member in legal system, not company. Distinguishing who is the stuff member in legal system should depend on details. Such as supervised functionary, legal technology functionary, peoples assessor and someone in each steps of legal system all can be the part of main body. The ways of this behavior included: intentionally making guilty person away from prosecuting, intentionally making innocent person into prosecuting, going against facts and laws to make a wrong judgment and other behavior of bending the law for selfish ends. In practice, making a distinction between this behavior and other relative behaviors such as impairing witness, shielding, lodging a false accusation and taking vengeance on somebody is important and always puzzling us .So we need from the main body, the ways of behavior and whether making use of job to Distinguish this behavior and others behavior. Key words: The behavior of bending the law for selfish ends; The crime of bending the law for selfish ends; Concept