Study On The Crime Of Power Abuse

The Crime of Power Abuse is a crime seriously harmful to the society, which not only directly endangers the normal activities of the state authority, but also causes public property and state and people's interest to suffer great losses. Crime of Power Abuse in China was isolated from the crime of duty neglect when Criminal law being revised in 1997. There are many controversies concerning the Crime, in the theory of criminal law and judicial practice, as one of typical malfeasance crime manifestations that state functionary carry on by jobbery.This article based on the reality of our country, makes a system analysis and research on the crime of power abuse from four aspects. They are:the definition of the crime of power abuse, a few issues about the crime of power abuse in China laws, and the judicial application and legislation improvement of the crime of power abuse.The first part introduces the definition and understanding of the crime of power abuse, then gives a preliminary definition of the crime.The second part begins with the legislative practice of the crime, analyzes the characteristics of the crime of power abuse. The four areas are the total, by the combination of the legislative structure; the "abuse" of acts of clarity is not enough; the crime of abuse of power not clear and subject to severe penalties disputed the degree. Firstly analyzes the structure of the Crime of abuse, focusing on the abuses carried out research and analysis, that the abuse of power is beyond the terms of the implementation of behavior, do not perform their duties and illegal exercise of power, then the main body of the crime of abuse of power and criminal The degree of severity were analyzed, and the author's point of view.The third part centers on the qualitative, discretion and implementation of the crime of power abuse. The writer believes that the boundary of crime and none-crime is based primarily on both the acts and results of the crime. And the two complement each other. Then, with the crime of dereliction of duty for abusing power and taking bribes and their connection were discussed, discussed the crime of power abuse of and dereliction of duty complicity in the crime problem. The final analysis of this part is the number issues of the crime of power abuse.Finally, the author puts forward three proposals for legislative crime of abuse to perfect. First, the crime of power abuse and the crime of duty neglect should be separated. Secondly, expand the body scope of the crime of power abuse appropriately, and issue the relevant legislation or judicial explanation on the body scope. Thirdly, increase the statutory punishment appropriately, and add property and qualifications punishment.