Judicial issues of the crime of perverting the law in civil and administrative cases

Concept] The crime of perverting the law in civil and administrative adjudication refers to the conduct of adjudicators in civil and administrative adjudication activities who deliberately violate the facts and the law to make arbitrary judgments, and the circumstances are serious.

Analysis] 1. Concept analysis: civil trial refers to the activities of applying the Civil Procedure Law to try cases in accordance with the law, including the trial of civil cases, maritime cases and economic cases. "Administrative adjudication" refers to the adjudication of cases in the application of the Administrative Litigation Law, that is, the adjudication of administrative cases.

Adjudication, including judgments, rulings and decisions.

2. The element of guilt in the crime of perverting the law in civil or administrative cases is the seriousness of the circumstances. The circumstances here are serious, with reference to the provisions of the "Case Filing Standards", which refers to one of the following circumstances;

1) Arbitrarily adjudicating a law, resulting in major losses to citizens' property or the property of legal persons or other organizations;

2) Arbitrarily adjudicating a judgment, causing the parties and their relatives to commit suicide, become disabled, or suffer from mental disorders;

3) Fabricating relevant materials or evidence, creating false cases and arbitrarily adjudicating cases;

4) Collusion with parties to make a family lease and make false evidence, destroy evidence, or tamper with court records and arbitrarily adjudicate the law;

5) Other situations where the circumstances are serious.

1. How many years does the court generally sentence for the crime of perverting the law in a civil case?

Courts generally sentence civil cases of perversion of law to fixed-term imprisonment of not more than five years or criminal detention; where the circumstances are serious, a sentence of between 5 and 10 years imprisonment is to be given; where the circumstances are especially serious, the sentence is to be 10 or more years imprisonment. The crime of perverting the law in civil adjudication refers to the conduct of adjudicators in the course of civil adjudication activities by intentionally violating the facts and the law to make perverted judgments, and the circumstances are serious.

II. What are China's punishment standards for civil and administrative arbitrary convictions?

In China, the standard of punishment for civil and administrative crimes of perverting the law is fixed-term imprisonment of not more than five years or criminal detention; where the circumstances are especially serious, the sentence is to be between 5 and 10 years imprisonment. The crime of perverting the law in civil or administrative adjudication refers to the conduct of adjudicators in the course of civil or administrative adjudication activities by deliberately violating the facts and the law to make arbitrary judgments, where the circumstances are serious.

1) Subject matter elements. The object of this crime is the normal activity of the judicial organs of the State. (2) Objective elements.

In the objective aspect, this crime is manifested as an act that violates the facts and the law in the course of civil and administrative trials, and the circumstances are serious. (3) Subject elements. The subject of this crime is a special subject, i.e., it is limited to judicial personnel.

In fact, it is mainly those adjudicators who are engaged in civil and administrative adjudication work, because only they can use their authority to make judgments and judgments for concealing the law, specifically including presidents, vice-presidents, members of adjudication committees, division heads, vice division heads, adjudicators, and assistant adjudicators of the people's courts at all levels. (4) Subjective elements. The offence must be subjectively motivated by intent, i.e. knowing that one's actions are contrary to the facts and the law and are arbitrary, but nevertheless determined to do so.

Negligence does not constitute this crime. If the interests of the state and the people and public property suffer major losses due to negligence, and a crime is constituted, the crime of dereliction of duty shall be convicted.

The crime of perverting the law in civil or administrative adjudication refers to the conduct of judicial personnel in the course of civil or administrative adjudication activities, intentionally violating the facts and the law to make arbitrary judgments, where the circumstances are serious.

The constitutive conditions for the crime of perverting the law in civil and administrative cases are:

1. The subject of the crime is a special subject, that is, adjudicators engaged in civil and administrative trial activities.

2. The object of infringement is the civil and administrative litigation system.

3. Manifested intentionally in the subjective aspect.

4. Objectively manifested as deliberately violating the facts and the law in civil or administrative trial activities to make perverted judgments, where the circumstances are serious.

Paragraph 2 of Article 399 of the Criminal Law of the People's Republic of China stipulates that whoever intentionally violates the facts and the law in civil or administrative adjudication activities and makes a judgment in violation of the law, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention; where the circumstances are especially serious, the sentence is to be between 5 and 10 years imprisonment.

1. How to sentence the crime of perverting the law.

The sentences for the crime of perverting the law are as follows:

1. Where judicial personnel bend the law for personal gain or favoritism, cause a person who is clearly innocent to be prosecuted, deliberately shield a person who knows to be guilty and prevent him from being prosecuted, or deliberately violate the facts and the law in criminal trial activities to make a judgment against the law, the criminal will be sentenced to up to five years imprisonment or short-term detention by the people's court;

2. If the circumstances are serious, the criminal will be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years by the people's court;

3. Where the circumstances are especially serious, the criminal will be sentenced to more than 10 years imprisonment by the people's court.

The Criminal Law of the People's Republic of China stipulates that whoever intentionally violates the facts and the law in civil or administrative adjudication activities and makes a judgment in violation of the law, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention; where the circumstances are especially serious, the sentence is to be between 5 and 10 years imprisonment.

2. How to report arbitrary judgments.

If the case is handled unfairly, you may choose to appeal to the Intermediate People's Court. You can go to the procuratorate at the same level to file a complaint or appeal. If a judge feels that he or she has violated the law or discipline, he or she may report it to the discipline inspection and supervision of that court, the procuratorate, or the court at a higher level.

Article 399 of the Criminal Law: Judicial personnel who bend the law for personal gain or favoritism, cause a person who is clearly innocent to be prosecuted, deliberately shield a person who knows to be guilty and prevent him from being prosecuted, or deliberately violate the facts and the law in criminal trial activities to make a judgment in violation of the law, shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention; where the circumstances are serious, a sentence of between 5 and 10 years imprisonment is to be given; where the circumstances are especially serious, the sentence is to be 10 or more years imprisonment.

Where a judgment is made in violation of the facts and law intentionally contrary to the facts and the law in civil or administrative trial activities, and the circumstances are serious, a sentence of up to five years imprisonment or short-term detention is to be given; where the circumstances are especially serious, the sentence is to be between 5 and 10 years imprisonment.

Article 399, Paragraph 2 of the Criminal Law of the People's Republic of China.

Where a judgment is made in violation of the facts and law intentionally contrary to the facts and the law in civil or administrative trial activities, and the circumstances are serious, a sentence of up to five years imprisonment or short-term detention is to be given; where the circumstances are especially serious, the sentence is to be between 5 and 10 years imprisonment.