Study On The Value Orientation Of Power Abuse

The crime of power abuse committed by the national authority official is one ofthe typical crimes related to the duty. In order to further perfect the lawmaking ofpower abuse and ensure the rule of law against corruption, it's necessary to study itfrom the angel of penal philosophy, so as to decide the value orientation in itslegislation. First, it studies the value orientation of our country's power abuselegislation from real angle. After analyzing the legislation of current penal code, itpoints out that the value orientation of our country's power abuse is social benefits,and then elaborates the reasons such as influence of history tradition, social system,and conflict of value, etc. Then, it studies the value orientation of our country's powerabuse legislation from should angle. It puts forward that the future legislation mustalleviate the conflict between social benefits and individual interests, so as to protectthem equally. Because this matches the requirement of our country's socialdevelopment, meets the request of fair justice, in the meantime, this is also thelawmaking current in the international community. As for the perfection oflawmaking, it analyses the new content of citizen right and public benefits, and pointsout that our country's future power abuse legislation should value the protection ofcitizen rights and social public benefits more. For this purpose, it puts forward someconcrete lawmaking suggestions, for example, according to the dissimilarity ofbenefits, divides the general power abuse into abuse power to infringe upon citizenright and abuse power to infringe upon public benefits, etc.