The Discussion On The Subjective Guilty Form Of Abusing-power Crime

Abusing-power crime is the "Criminal Law" additional charge in 1997. In china, "Criminal Law" does not have the abusing-power crime before. Abusing-power behavior which constituted crimes generally was convicted and punished on charges of dereliction of duty. In order to differentiate abusing-power with dereliction of duty, abusing-power crime was separated from charges of dereliction of duty in 1997 "Criminal Law" Amendment, additionally built the abusing-power crime. However, the legislation is too general and principle, leading to the subjective guilty of this crime to recognize rather difficultly. And, in theory and in practice, there are many controversies. But our country tradition subjective guilty theories merely emphasize the subjective points of view of the behavior person to the result, completely not considering the subjective points of view of behavior itself. It is insufficient to the comprehensive assurance behavior person's crime psychology. Through recarefully examines to the traditional subective guilty theory, taking the crime psychology two integrant parts as the foundation, and using the concept of behavior intention for reference to rebuild the subjective guilty theory. While attaching importance to the subjective points of view of the abusing-power behavior person to the result, we think that we should fully consider the subjective points of view of the abusing-power behavior itself, so that we could understand the subjective guilty of the abusing-power crime much more scientifically and completely.