徇私枉法罪行为构造研析

正确界定徇私枉法罪的客观行为对于司法实务中正确理解和把握该罪尤为重要。首先,关于“对明知是无罪的人而使他受追诉”,是指在没有或缺少事实和证据的基础上对无罪的人进行立案侦查、采取刑事强制措施、提起公诉以及进行审判等,以达到追究其刑事责任的目的。其次,关于“对明知是有罪的人而故意包庇不使他受追诉”,是指对“有证据证明有犯罪事实需要追究刑事责任的人,包括犯罪嫌疑人和被告人”,通过对犯罪的证据和事实施加直接影响以达到不使其受追诉这种枉法的目的。再次,除作为外,不作为可以构成徇私枉法罪。

Analysis of the Action Constitution of the Crime of Bending the Law for Selfish Ends

It is very important to correctly define the objective action for understanding and grasping the crime of breaking the law for selfish ends in juridical practice.Firstly,with regard to the term "clearly knowing the man who is innocent but letting him be prosecuted" refers to registering and investigating someone,adopting criminal compulsory measures for him even initiating a public prosecution without or shortage of any facts or evidence in order to reach the goal to investigate his criminal responsibility.Secondly,the term " clearly knowing someone is criminal but intentionally protecting him from being investigated and prosecuted for criminal responsibility" refers to "intentionally protecting someone including the criminal suspect and defendant on the basis of clearly knowing there is evidence that proves he is criminal from being prosecuted through directly exerting influence on the facts".Finally,except conduction,the omission may also constitute the crime of bending the law for selfish ends.