徇私枉法罪客观方面疑难问题探讨

徇私枉法罪的客观方面表现为,行为人在刑事司法活动中实施了徇私枉法、徇情枉法的行为。在刑法理论和司法实践中,本罪客观方面存在一些疑难问题,争议较大,如枉法的具体含义、枉法行为的对象、故重故轻追诉、利用职务上的便利是否为本罪所必备等。这些问题直接影响到本罪的正确认定,需要作深入探讨。

On Objective Aspect of the Crime of Blending the Law for Selfish Ends

The objective aspect of the crime of blending the law for selfish ends is showing like this:the behavior carries out the act of blending the law for selfish ends or blending the law for a favor in criminal proceedings. There are some disputant items about the objective aspect of the crime,such as the specific meaning of blending the law, the object of blending the law, subjects to investigation for criminal heavier or lighter responsibility on purpose, as well as weather the"taking advantage of his position"is necessary for the crime. It has great importance about the research on these problems which are concerned with the establishment of the crime.