Concerning Power Abusing Offense

Power abusing offense is a newly added criminal charge in 1997's Penal Code. Though it still has some loopholes in terms of lawmaking. the establishment of such a criminal charge has positive impact and has made up for inadequacy of this kind of law in judicial practice.This paper aims to explain the author's views on power abusing offense from the following four aspects: 1.Category, definition, background, characteristics and composition of the offense: 2. Boundary of the offense; 3.Existent problems; and 4. Solutions to the problems.As for definition of power abusing offense, due to the adoption of simple articles, there are many viewpoints about the definition. In this paper, power abusing means that the working staff of the state organization intentionally overstep his or her power, or intentionally violate his or her duty requirement, and not perform or improperly perform his or her functions and powers and thereby cause heavy losses of public assets and harm the interests of the state and the people.In terms of composition of power abusing offense, this paper argues about the reasonability of the dual sophistication of the criminal object. The objective side is reflected from the form of impurity and non-action, and the subjective side refers to the subjective intentionality. which includes the direct intentionality and indirect intentionality. By learning the composition of the offense, the boundary between power abusing offense and special power abusing offense, the difference between power abusing offense and the power abusing defined in the destruction of socialist market economy, and the difference between power abusing with dereliction of dutycan be further understood, which will help more accurately understand the characteristics of power abusing offense.The existent problems of power abusing offense are as follows: the articles of the offense are too general and not clearly defined; the due punishment and criminal characteristics are not equal, which is not in line with the balanced principle; the standard of crime registration and measurement of penalty are low. The following methods can be adopted to solve these problems: first, improving lawmaking. 1. To resolve the 397th article in Penal Code. Based on the differences between subjective intentionality. negligence and objective action as well as non-action, abusing job function, internationally non-performing one's duty, negligently overstepping one's functions and negligently non-performing should be differentiated; 2. Replacing current phrase \'hea\y losses"' with "serious case" and make it as a key composition of the offense; 3.Qualification should be added. By improving lawmaking. the issue of "paying more attention to people rather than government officials" will be solved. Second, to legalize the definition of "impurity" and "non-action" will make up for the insufficiency of legal basis in the offense of power abusing. Third, to improving the standard to placing a case on file for investigation and prosecution from the following perspectives: regarding the issue of economic losses, regional differences should be taken into consideration and a different standard based on the economic development level in different localities should be setup; concerning production stopping and economic losses of enterprises, specific situation should also be taken into account; as for harming the name of the state or causing bad social effects, the conception of quantity should be set up. If the suspect causes the name, image, position and prestige of an organization or department to be harmed among the people for three times or above three times, he or she should be brought under the criminal charge.