Crime Of Abuse Of A Number Of Studies

This article from the abuse of power crime legislation evolution, the Chinese and foreign legislation difference, our country criminal law to abuse of power crime crime constitution important document aspect and so on dispute, the place which to our country criminal law abuse of power crime legislation significance, the existence question, needed to consummate has carried on the brief analysis, hoped could punish to our country with the prevention abuse of power criminality has the certain influence.Besides the introduction, this article altogether is divided seven chapters to launch the elaboration: The introduction has partially analyzed our country abuse of power crime law enforcement present situation, the question which in the law enforcement process meets, promulgated has conducted the research to the abuse of power crime certain questions the necessity. First chapter first introduced our country abuse of power crime legislation roughly is divided three stages, then not really is clear about from the subject of crime with the punishment in has "the light punishment" two aspects to carry on the appraisal to the present legislation. Second chapter briefed the overseas abuse of power crime about the main body, the subjective aspect, the objective aspect different stipulation and the overseas abuse of power crime legislation pattern.Third chapter mediates in the foundation at the commentary abuse of power crime object for the standard which the law profit said, proposed the abuse of power crime encroaches the object is state agency's normal activity and the public property, national and the people's benefit security two objects. Fourth chapter has analyzed the abuse of power crime in the behavior way aspect dispute, proposed the abuse of power crime behavior way has three kinds: One, the surmounting authority, the illegal decision, processes it to have no right to decide, the processing item; Two is not correctly exercises the authority, refers to the behavior person to violate the stipulation processing official business, or illegal processing official business; Three is the responsibility which intentionally does not fulfill must fulfill. Definitely had not taken may constitute the abuse of power crime. And further analyzed the heavy loss in the abuse of power crime system status to be supposed one of for constitution crime necessary conditions. And embarks from the judicial practice, to the heavy...