Crime Of Abuse Of A Number Of Studies

Abusing-power crime is a new name stipulated by 1997 Criminal Law .As the theoretical research and the judicial application are developing in depth .Various theories about some problems relating to the crime are blooming and arguing with each other . The thesis approaches several problems of abusing-power crime , it aims to promote further development of law science and better serve the judicial practice .In structure ,this thesis consists of the introduction and the main body, about 40,000 words.The instruction gives a brief account of the harmfulness of abusing-power crime and also looks back to regulations about abusing of power in criminal legislation of past ages.The main body is divided into five parts as follows:Part one : The definition of the subject of abusing-power crime. The definition on the subject of the crime-functionary of organs of state arises intense issues. By analyzing different theories, the author defines the connotation of functionary of organs of state. Its limit consists of five-type functionaries of state organ and four-type staff added by legislative interpretation of Dec. 2002.of the Standing Committee of People's Congress.Part two: The research on the subjective aspect of crime. By analyzing the controversial viewpoints. The author argues that the subjective aspect of crime is intentional including direct intention and indirect intention from the characteristic of the crime , the process and the coincidence of provisions .Part three: The objective feature of abusing-power crime. First the author analyzes the objective feature of abusing-power crime. Second ,The author discusses the two controversial problems of objective aspect and embody of criminal action of abusing-power crime.Part four: Research on the determination of abusing-power crime. The author focuses on the understanding of Article 397 section 2 of Criminal Law, By analysis, The author argues that Article 397 section 2 of Criminal Law is not a independent name of the crime but a more serious plot .Also, The author tries to make a clear distinction between abusing-power crime and neglecting-duty crime, between abusing-power crime and other's specific abusing-power crime. Also the author approaches on provisions coincidence concerning crime of powers abusing and crime of Accepting Bribes.Part five: Comparison and reference on the legislation of abusing power crime .through legislative comparison of abusing-power crime from many countries and districts in the world. Combing with the legislative stipulation of abusing-power crime of 1997 Criminal Law . The author points out the legislative defects and puts forward the legislative suggestions.