| Abstract: Article 397 in Criminal Law is the most controversial article in the Special Provisions in Criminal Law. Making research on these disputes, and therefore finding resolutions to them will not only have significance to the implementation of Principle of a Legally Prescribed Punishment for a Specified Crime, thus helping judicial departments to correctly apply the law and punish criminals, but also play an important role in profound research on basic criminal theories and promotion of communication between the science of criminal law with other law sciences. This thesis, in the perspective of basic criminal theories, based on jurisprudence, civil law, administrative law and comparative criminal law, etc., comments on and expounds the main viewpoints towards Article 397 in Criminal Law in the respects of number of charge, criminal object, conduct pattern and form of fault. Concerning the number of charge contained in Paragraph 1, Article 397, there is a dispute between Parallel Charge Theory and Selective Charge Theory in the criminal law academic circle. In my point of view, in the light of theories on charge and number of crimes, if the doer conducts only one act, even if this act has the attributes of abuse of authority and neglect of duty, the judicial department can only choose one attribute to criminalize; in reference of the concept of consequence crime and the theory of negative crime, in the case that the abuse of authority and neglect of duty of a doer jointly cause heavy losses, the doer is to be convicted either of the crime of abuse of authority or the crime of neglect of duty, or both charges, but he is never to be convicted of the crime of abuse of authority and neglect of duty. To conclude, Selective Charge Theory doesn't hold water. In the academic circle, there exist three kinds of understanding of Paragraph 2, Article 397 in Criminal Law. Though Independent Charge Theory bears many arguments, it discusses not about what it is but mostly about what it ought to be. Decomposition of Charge Theory asserts that the crime of fraudulent practices for the benefit of personal consideration should be divided into two crimes, then the crime of bending the law for the benefit of personal consideration should also be divided into two, which doesn't agree with the principle of conciseness. Aggravating Circumstances Theory has a persuasively keen insight into the analysis of the phrase of convicting the crimes prescribed in the paragraph above, thus agreeing with the original intent of the legislation. As to the criminal objects of the crime of abuse of authority and the crime of neglect of duty, there are many disputes between Simple Object Theory and Complicated Object Theory and their sub-theories. Firstly, if heavy losses is taken for the consequence of crime, and the consequence of crime is taken for the losses that the criminal acts cause upon criminal object, then Complicated Object Theory holds water; take the direct object for the common requisites in constitution of crime and the symbol to distinguish this crime from that crime, then Complicated Object Theory doesn't hold water. So, in order to apply Complicated Object Theory more thoroughly I agree to exclude the criminal object from the common requisites in constitution of crime. Secondly, crimes of disrupting the regular working order of state organs can be committed by simple subjects even by the subjects with no connection of authority or duty; authority-duty crime can be committed in all sorts of non-administration; the crime of abuse of authority first undermines the trust in state organs and their agents; there is no difference between Administration of Authority Theory and Norm of Law Theory; the legal meaning of properness and industriousness is not clear; it is not clear what the administration system of the of public servants in state organ is. So, in my opinion, the working duty system of state organs should be the direct object of these two crimes.In the academic circle, there are three ideas about the conduct pa...
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