Research On Several Problems Of Crime Of Power Abuse

Abuse of power criminal law is amended in 1997, because, of a new law adopted, concise in theory and practice. And abuse as a small defects do more prominent, in practice, the legislation, the harm to the defects in such cases, the author investigated the long-term graft in tort, have a job. Hope to abuse by relevant issues were discussed, and help improve legislation and judicial practice.Article 4 parts, the first part of the concept of abuse of power,the abuse of power ancient China,introduced from xia dynasty to the roc on abuse with new legislation concerning the abuse of legislation and the abuse of the situation. About the abuse of ancient China today in the legislation for the serious abuses crime situation, perfect the relevant legislation still of great significance. The second section discusses the constitution and shape of the crime of abuse of power. The author thinks the object of the crime of abuse of power is a complex object,including the normal state authority management activity to the social relations and public interest relationship.Objective aspects including illegal powers and responsibilities and not exceed three kinds of forms, improper purpose is not objective. The subjective aspect is intention, including direct intention. Abuse existing failed, bribes abuse is part of the regulations, abuse of competition is made, no identity cannot become the abuse of the perpetrators, but can be instigators of abuse, help. The third part introduces foreign relevant abuse of legislation, and with our abuse of legislation as a simple comparison. The fourth part puts forward the abuse of legislative suggestions. Suggestions for main state functionaries, Subjective aspects for deliberately, Objective explicitly abuses behavior, serious consequences will harm instead, To improve the legal punishment on appropriate punishment, add property and qualification;torture the structure and the legislation of dereliction of duty of legislation and coordinate general abuse and special abuse.