Study On Non-national Official Crime Of Power Abuse

This article from the non state staff Liu and Zhang national staff collusion, in violation of the building the licensing process, state compensation, 280000 case proceed with, lead to discuss the problem. This article discusses the problem in two aspects: one is non state staff could constitute a breach of privilege crime that accomplice; on the other hand is non state functionary crime crime of breach of privilege if both with the implementation of joint elements, also conforms to the common crime, the non state staff criminal acts should be how to deal with.Due to the current criminal law on the crime of breach of privilege and complicity stipulation is too simple, so the article plans from various theoretical perspectives, proposed a national staff in the crime of breach of privilege view. At present about non state staff could constitute a breach of privilege crime accomplice theory practice, mainly affirmative, negative, compromise that these three kinds of viewpoints, the author through the comparative analysis, think certainly deny that view is one-sided, eclectic view of something more reasonable; about the non state staff execute breach of privilege the crime criminal theory, there are many theories, this paper makes a comparative analysis of three kinds of theories, the author thinks, were convicted and imaginative joinder of offenses are defective, the duty crime that view is more reasonable.The author through the breach of privilege crime and other crimes comparison, combined with the crime of breach of privilege behavior characteristic, the author thinks: first of all, the non state staff collusion of national staff to carry out crime of breach of privilege, should be divided two cases analysis: when the breach of privilege as a way of behavior performance, non state staff can constitute the crime of breach of privilege the accomplice, when a breach of privilege behavior in order to not as a way of performance, non state staff could not be an accomplice in crime of breach of privilege of implementation; secondly, the non state staff crime, crime accomplice shall be convicted and punished to breach of privilege. Combined with the author of the article on the theory and the case analysis, the author thinks, the non state staff Liu and Zhang to breach of privilege accomplices shall be convicted and punished.On the criminal law on the crime of breach of privilege rules, can only punish state functionary crime, to exist in the practice of non state staff collusion of national staff to carry out the crime of breach of privilege, not punishment, the non state staff to carry out criminal acts. Therefore, through the analysis of this paper, the author suggests the legislature for non state staff collusion of national staff to carry out the crime of breach of privilege, the non state staff to the crime of breach of privilege of conviction and punishment.