A Compendium Of Power-based Crime

The power-based crime is refers to the power main body in the power movement process, abuses based on the power or the power omission, which violates our country's criminal law standards and should receive penalty punishes. Although it is ancient, with the vicissitude of the times it has a different connotation and extension. We can see that the power-based crime has the characteristics of close relation to the power, criminality confidentiality and multiple criminal objects on the foundation of identifying the conceptions of the power and the power-based crime. Analyzing the power-based crime, the duty crime and the white-collar crime is to further deepen the knowledge and the understanding of the power-based crime.The power-based crime as a kind of crime, it has its own characteristics in the crime constitution. First the social relations which the power-based crime infringes are the normal power operational mechanism; therefore its criminal object is the normal power operational mechanism. Next, the power-based crime objective aspect mainly displays on the abuses or the omission in the power movement process. Once more, the power-based crime main body divides into two kinds: the natural person and the unit. Among them, the natural person is the basic main body, it including three stratification planes: State personnel, country staff and general main body. Finally, the power-based crime subjective aspect can be intentional and unpremeditated as well.The judicature recognizing of power-based crime is mainly to master the assurance of power-based crime with non-crime, as well as the boundary of the similar crimes. When identifying Crime or non-crime, we should pay attention to the differences of accidental crime caused by negligence and the accident, the power-based crime and the general indiscipline behavior. When analyzing the similar power-based crimes, we should discriminate the abuse of power-based crime with to be derelict crime, diverts the government money crime with to divert the fund crime, to divert the specific funds crime as well as the significant accident caused by negligence crime and other accident caused by negligence crime.The power-based crime legal responsibility basis has the philosophy basis, the legal science basis and the fact basis. The philosophy basis is the being contract like which the author will relative freedom and the power originate. The legal science basis is in the constitution and the criminal law corresponding laws and regulations. The fact basis conforms to the power-based crime constitution behavior. Besides the criminal law basic principle , the cautious light punishment principle, the principle of the combination of penalty punishment with non-penalty punishment and the property punishment, the qualifications punishment and uses the principle with other penalties can be applied for principle of the power-based crime penalty. The current penalty of power-based crime disposes the questions of insufficient kinds, the insufficient of punishment quantity. Additionally builds the qualifications punishment and the enhancement fine punishment in the power-based crime penalty process has the practical significance.