枉法裁判罪共同犯罪若干问题浅析

A Probe into Complicity of Crime of Misuse of Law in Adjudication

枉法裁判罪的主体只能限于对具体案件负有审判职责的审判人员及主管人员,其他人员参与枉法裁判行为的只能成立共犯且不能成为共同实行犯;合议庭成员明知却放任其他成员实现枉法裁判的应认定为本罪的共犯;上级人员强令枉法裁判需根据其是否具有主体身份进行认定;对于审判人员受贿而枉法裁判的应根据部分犯罪共同说进行处理。

The subject of the crime of misuse of law in adjudication should refer to the adjudicatory personnel who must be responsible for the adjudicative power of a specific case, and the other participators are not joint executors but accomplice. The members of collegial bench who have a clear idea about it but let them alone should be regarded as accomplice of the crime. The superior officer, who forces the misuse of law in adjudication, should be recognized according to his subject status. As to the adjudicatory personnel, if they misuse the law in adjudication because of being bribed, they should be taken as joint executors by the theory of part of the crime as complicity.