Research On Abuse Of Power Crime And Improvement Suggestions

Abuse of Power Crime was initially stipulated in Criminal Law 1997. As a kind of typical corruption action. Abuse of Power Crime brings more mischief to authority than normal crimes do. Therefore, from the old time to nowadays, from country to country, punishment to Abuse of Power Crime is widely used by the various channels, such as legislations and justices.Before Criminal Law 1997, only serious abuse of power was charged as one of derelict crime. In terms of the needs of judicial practice, however, the Parliament made clear and detailed stipulations regarding to abuse of power actions. Abuse of Power Crime, concluding a amount of articles is divided into two parts, one is a range of specific Abuse of Power Crimes happened in certain areas, and another is the general Abuse of Power Crime that aims to all the other abuse of power as Pocket Crime.However. In that of the ambiguous and imperfect legislations, both the theoretical area and the practical area brought up a lot of disputes, which focus on criminals' position, content of abusing, mens rea and so on. Limited by the big amount of articles of Abusing Power Crime, this text will only explore into Article 397 Section 9. namely the general Abuse of Power Crime, studying the process and background of stipulation, the constitution, judicial adaptation, and legislation implementing as well, clarifying ambiguous views, and expecting to be beneficial to the research and practice of this crime.