Research On Fault Form Of Crimes Of Abuse Of Authority

As a typical misprision crime, crimes of abuse of authority come from the crime dereliction of duty. The present criminal law does not have clear instructions of the fault forms to abuse the power crime, adding its special constitution and the complexity of subjective psychological. Its fault form has initiated the widespread arguments in the criminal law theory, and until now it has not stopped from the legislation. At present, there are four main theories about it, and each theory's interior has formed many viewpoints, but in identical viewpoint, because of the different understanding to the harm consequence of crimes of abuse of authority, the same viewpoint has the diverse opinion. For carious understanding to fault forms of abuse of power crime, it is difficult to cognize crimes of abuse of authority accurately in the judicial practice, which has affected the fair judicature. Based on the criminal law theory, the judicial practice, the criminal law article, and the full absorption to the research results of fault forms on domestic and foreign criminal judicature, the article researches several basic questions, such as the criminal objection, the criminality, the crime result as well as the causal relation, giving a clear standard and cognizance of crimes of abuse of authority. The author divides the article into three parts:The first chapter, struggle to theory on fault forms of abuse of power. In order to study fault forms of crimes of abuse of authority, we should understand research production of it. The current abuse of power crime, therefore, the author removes the theory of Compound, theory of Coexisting and theory of Error through the comparison of each viewpoint. In this chapter, the author introduces four theories of abuse of power fault forms in our country current, and gives detail narrations about them from four perspectives:⑴Does fault form of crimes of abuse of authority contain the compound fault;⑵Can one kind of crime have two kinds of different fault forms;⑶Is fault form of crimes of abuse of authority an error;⑷Is the fault form namely crimes of abuse of authority recognized by the behavior intentionally reasonable. Through the evaluation to these four theories, we may see, the...