Crime Of Abuse Of Study

The crime of abusing authority is the newly increased count in the 1997 "Criminal Law", and is the focus of procurator organ's investigation and handling of cases involving dereliction of duty. Its creation plays a very important part in the effective punishment of dereliction of duty and the curbing of corruption. However, because the legislation has its own disadvantages, which causes many disputes in theory and practice. Therefore, this article intends to be helpful in judicial determination and application by the discussion of relevant issues of the crime of abusing authority.In this article, besides the preface, the text is divided into four parts, and about 33,000 words.Preface: Firstly, make a brief introduction of the legislative status of the crime of abusing authority, then point out the importance of the study of the crime of abusing authority, which leads to the author's research purpose toward this count.Part I: Legislative history of the crime of abusing authority.Firstly, make a brief review and assessment of the development of the crime of abusing authority in our history, then emphasis on the legislation of the crime of abusing authority since the People's Republic of China by summary evaluation from three stages.Part II: The criminal constitution of crime of abusing authority.1. The concept of the crime of abusing authority. By assessment of the theoretical concept of the crime of abusing authority, the author believes the definition of "the crime of abusing authority" is that government employees overtake power, illegally decide and handle the matters over which it has no authority, or the behavior of illegally handle public affairs, causing great loss to public property and the interests of the country and the people.2. The object of the crime of abusing power, the author believes which is complex. The main object is the normal management activities of government or the normal management order of government. The secondary object is the citizen's personal rights, property rights and public property security and the socialist market economic order.3. The crime of abusing authority, in terms of its objective, the author believes is actors objectively implement the behavior of the abusing authority (including incorrect exercise its legal powers, beyond statutory authority and not fulfill their legal duties); The behavior of abusing authority caused great loss to public property and interests of the country and the people; the existence of criminal law's causal relationship between acts of abusing power and the great loss.4. The subject of the crime of abusing authority. By description of the subject characteristics of the crime of abusing authority, and according to the further clarified scope of "government employee" defined by the legislative basis of the NPC Standing Committee, together with the newly defined standards of the scope of subject defined by "Civil Service Act", the author propose to use the statement of "the staff of engaging in the governmental activities" to replace the statement of " government employee ".5. The subjective aspects of crime of abusing authority. To the exiting theories regarding to the subjective aspect of the crime of abusing authority, such as the deliberately subjective aspect, negligence, composite sin theory, based on full analysis, the author point out that besides adhere to traditional result standards to justify the subjective aspect, we should attach importance to the application of theories of deliberate acts.Part III: Judicial justification of the crime of abusing authority.1. Crime and non-crime issues of abusing authority. Discussion focused on the boundaries among the crime of abusing authority and general behavior of abusing power, work errors, bureaucracy and how to define "significant losses".2. The patterns of crime of abusing authority. Focus on the complicity in the crime of abusing authority and the problems of lapping of Legal Provisions.3. Boundaries between the crime of abusing authority and other crimes. Focus on comparison among the boundaries of the crime of abusing authority and the crime of taking bribes, The crime of dereliction of duty.Part IV: The legislative improvement of the crime of abusing authority.Based on the analysis of the main problems existing in Chinese judicial practice of the crime of abusing authority, the author believes that it should be legislatively improved from the following four aspects:Firstly, we should list the crime of abusing authority and the crime of dereliction of duty in different items; Secondly, we should state that counts to clear characteristics of the crime of abusing authority; The third is to expand the subject scope of the crime of abusing authority and revise it to the people who engage in governmental activities; The fourth is to raise the legal sentence properly and to add property punishment and qualification punishment.