The Crime Of Abuse Of The Problems

Crime of abusing the power was a newly charge of penal code in 1997. The establishing can protect citize rights to come ture better than before, and control corruption to breed furtherly, and thus promote the course of rule by law. in china. But the related rule about the crime separated from crime of neglect of duty is so simple that results in numerous disputes in the theory and in actual judicial practice inevitably. The constant development of the theory study and judicial practice in recent years indicates the crime of abusing the power got attach to a great extent, Nevertheless, a lot of difficult problems about the crime still in a bitter arguments. This paper is introducing some ideas by means of which sums up and analyses that major puzzling problems for promoting perfect of legislation and judicial about the crime of abusing the power.This article has three parts.The first part is introductory portion. It gave a bird's-eye view of the crime of abusing the power from simple expositions about the legislative evolution of Chinese succesive political power and the course of legislation of the crime in new China. In adition, studies for the crime in our country have many divergencies at present. This paper focuses on expounding its main difficult problems to probe into this crime.The second part is the pricinpal component of the paper. It elaborates respectively four big problems that are the most highly controversial in recent. These are the subject of crime, subjective sin, guilt conduct and plot of crime of the charge abuse of power. This portion states all kind of various theories about these four problems, and makes analysis of these standpoints from different excellent legal scholars. Based on this, this paper comes up with some own opinions and gains conclusion.First of all, as result of amendment of criminal law about subject of crime of the crime in 1997 and the relative legislative interpretation in that follow extend the field of the subject of the crime, there emerge more disputes about concept and application of the subject. In view of that, this paper stands for adopting the theory which is "both of status and public affairs" to settle up these issues.In the second place, there are eight different viewpoints about the subjective sin in our theorists. This article obtain that the person was deliberatly intended to commit this crime basing on crimnal law principles in our country and by means of breaking down the theory which insists on being neglect to commit the crime of abusing the power.Thirdly, whether the guilt conduct of the crime contains abstention is the central issue of the problem. Whatever in consideration of the differences between crime of neglect of duty and the crime of abusing the power, or in relationship to the nature of the power, we can find out that abstention what is failure to perform duty should be bring into the crime of abusing the power as one guilt action of the crime.Finaly, the disputes about plot of crime of the crime abusing the power mainly concentrate in variant opinions for what nature is "great loss" in 397th stipulation of penal code in constitutive elements of the crime. With analysing the prsent four main theories about it from every side, this paper considers the theory of convition plot as advisable.The last part mainly discusses legislative perfect of the crime of abusing the power. By means of which indicates some actual legislative defects in existing penal law and compares and drow on the foreign legistation about the crime, it puts forward own legistative suggestions about four facets. These are legislative structure and system, subject of crime, charge in an indictment, and legal penalty of the crime.