The act of bending the law in the trial of civil cases,which is punished severely by the criminal law,not only seriously damages the judicial authority and credibility,but hurts people's trust in judicial fairness and justice.In practice,the following three issues should be clarified to determine this offence:Firstly,the subject of this crime should include the substantive judge who does not directly participate in the trial of civil cases but plays a decisive role in the result of bending the law.Secondly,we should determine the subjective state of the actor who violates the fact and law to make the law-bending judgment,which can be investigated from three dimensions,namely,behavior,result and cognitive level.Thirdly,the occurrence of the civil law-bending judgment often begins with the motive of"practicing favoritism for personal gains".The offence can be accurately determined by following the logic of"judging whether an actor practices favoritism-whether an actor deliberately disobeys the fact and law-whether an actor makes a law-bending judgment"which can effectively exclude the argument of discretionary power.
维普
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