On The Abusement Crime Stipulated In Our Criminal Law

One of the means of managing officials in a strict way is cracking down on crimes of abusing one's functions and powers according to the criminal law. It is the components of crimes that can help to identify crimes of abusing one's functions and powers in a scientific way. The justice of penal code directly requires objective and scientific definition of every essential component part of this guilt and the establishment of suitable penalty, which is the base and premise of building up public notion-loyalty to criminal law and of using criminal law to prevent crimes. The essential feature of the crime which abuses one's power is that the executor violates the administrative obligation of government offices. So the basis to judge the subject of such crime is whether it has the administrative obligation of government offices. The major part of people who abuse their power are far more than the personnel of organs of state, and it's also based on the crime's directly and indirectly intentional and overconfident negligence form and unit crime phenomenon. Objectively, lawmakers must reset crimes of abusing one's functions and powers in the form of criminal law with modifying case, distinguish different crimes and prescribe different punishment, which is serious or not. In spite of the theory of inevitable consequence and accidental consequence, make good use of the theory of conditioned consequence and equivalent consequence in a scientific way. Meanwhile, judge the consequence of behaviors of abusing one's functions and powers and the results according to the theory of objective attribution.