The current criminal law provisions lack the legal provisions on the"supervisors"as the subject of crime,and the existing supervisory system and theoretical research have not made a clear identification of the nature of the subject of supervisors,as attested by the crime of bending the law for selfish ends.How to understand and identify the nature of the act of bending the law for selfish ends in the process of exercising the duty of investigating duty crime has become a problem of unclear legal provisions,controversial supervisory theories,and confusing judicial application.According to the legislative logic of Article 94 of the Criminal Law that duties determine the nature of the subject,the staff who perform the duties of investigation,prosecution,trial,and supervision are all regarded as judicial staff.We should restore the judicial attributes of supervisors'performance of duty to investigate duty crime,make substantive explanations about supervisors becoming the subject of the crime of bending the law for selfish ends,prevent the supervisory organs from evading the determination of criminal responsibility through"internal disposal",and strengthen the external supervision of supervisors to promote the legalization of the exercise of supervisory power.
关键词
监察人员/司法属性/徇私枉法罪/司法监督
Key words
supervisor/judicial attributes/crime of bending the law for selfish ends/judicial supervision
万方数据