How to identify the crime of favoritism and malpractice in the recruitment of civil servants

The constitutive elements of the crime of recruiting civil servants and students to bend the law for selfish ends in criminal law are: the main body is the staff of state organs and the personnel stipulated by legislative interpretation, and the elements of the crime amount are serious circumstances and subjective intention, that is, knowing that it is the act of recruiting civil servants and students bending the law and deliberately implementing it out of selfish motives. Objectively speaking, in the recruitment of civil servants and students, unqualified personnel use their powers as qualified personnel to recruit and recruit.

legal ground

Article 4 18 of the Criminal Code of People's Republic of China (PRC).

State functionaries who practice favoritism and malpractice in recruiting civil servants and students, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.