Crime Of Abuse Probe Suspect

Abusing - power crime, which is a rather serious crime, has just emerged in Chinese Criminal Law in 1997. Abusing-power crime, means that people working in government of our country debates the power limit and insecure of the law, uses their power illegally or make action out of the circle, so that the people and poverty gets hurt. However, during the enforcing of it, divisions and disputes are quite heated. The following article, which is divided into four parts, illustrates the author's exploratory opinions on this controversial issue.Part one presents the history and general provision of Abusing - power crime, which discusses systematically and thoroughly the basic points through the comparison of the new Criminal Law and the old one.Part Tow depicts the constitution of Abusing - power crime in the base of " four-part-theory" , which subdivided into four parts concerning the object of crime, the object aspect of crime, the subject of crime and the subject aspect of crime.Part Three demonstrates the distinction and the connection between Abusing - power crime and other relevant conducts which reveals the essence of Abusing-power crime. Besides, some other aspects, including join crime and pre -crime are analyzed this part.Part Four shows the defects existing in legislation of Abusing - power crime, say, the equality problem and clash over the principle of suiting punishment to crime and criminal responsibility. Based on legislative materials of ancient China and foreign countries, the author set forth some proposals on legislation of Abusing-power crime.