Qualitative Analysis Of The Crime Of Abuse Of Power

Crime of abuse is the existing penal code additional new charges, the crime is the Criminal Code in 1979, separated from the dereliction of duty. As the current crime of criminal law provisions there is no clear abuse of power and dereliction of duty on the Crime and objective behavior, but together the two provisions of the crime of "criminal law" in Article 397, which led to the theorists and practitioners is difficult to divide this community the two crimes. In theory, on the crime of abuse of power and dereliction of duty comparative perspective, many scholars have written about, and intricate diversity of views, but there are people who either support the view that some people oppose it. In judicial practice, the crime of abuse cases on the qualitative issues, even more mixed, some people abuse that constitute crimes, it was deemed to constitute a dereliction of duty. The author analyzes the case from the better to guide practice, discusses the criminal abuse of power and dereliction of duty Elements of the similarities and differences, and thus the case of crime of abuse of Xu Yunhong qualitative analysis, dispute resolution, to guide practice.In this paper a total of 2 million full-text characters, remove the introduction, body, including the five part, as follows:The first part introduces "Xu Yunhong crime of abuse case," the basic facts of the case judgments.The second section describes the case of the focus of debate, the focus of the case put forward by the key to solving the Boundary disputes abuse of power and dereliction of duty crime.The third section describes the abuse of the concept of sin and dereliction of duty, and then sub-sector analysis of the two crimes legislation is difficult to reason, then briefly introduces the theoretical circles on the crime of abuse of power and dereliction of duty comparative perspective, which leads to compare the two before the crime the two crimes are clearly the most controversial acts of the subjective and objective sin specific content. Abuse of power and dereliction of duty on the crime and the Crime of the specific content of objective behavior discussed, the proposed distinction between subjective and objective writer, said support point of view, and in order to put forward a better case for analysis in terms of constituent elements of crime to compare the two crimes analysis, the abuse of power sub-sector view of crime and dereliction of duty. Therefore, this paper discusses the key elements for the crime of abuse of power and dereliction of duty compared the similarities and differences, and then draw conclusions and conclusions of Xu Yunhong behavior using qualitative.The fourth part of the Crime of the four elements of the crime of abuse of power case for Xu Yunhong decision analysis concluded.Abuse of the fifth section summarizes the difference between crime and dereliction of duty point, made in the judicial practice of crime and abuse of power sub-sector an important method to dereliction of duty.