关于徇私枉法罪几个问题的探讨

Discuss Several Problems of Crime of Bending the Law to Serve One's Personal Con sideration for Favoritisim

徇私枉法罪是一种特殊的渎职犯罪,本文依据《刑法》相关规定并结合司法实践,对本罪犯罪构成机制的相关要素进行分析,认为“徇私、徇情”不仅是犯罪动机,同时也是客观要件必备之行为,“利用职务之便”应为客观方面的必备行为,以及对立法要求司法工作人员“明知”的准确理解与把握。

The crime of bending the law to serve one＇s personal consideration for favoritism is a special kind of the crime of malfeasance. Combining the Criminal Law with judicial practice, the author considers that Bending the law to serve one＇s relatives or friends is not only the criminal motive, but also the necessary conduct of objective essentials, “taking advantage of one＇s position and power” is the necessary conduct from objective aspect, understanding and the grasping of “knowing perfectly well” required by legislation for judicial officers as well.