On The Improvement Of Legislation On The Crime Of Abuse Of Power

Both in criminal theoretical area and the criminal judicial field, there never lack the studies on the crimes of abuse of power. On the issue of the elements of the crimes of abuse of power, many scholars also have some targeted exploration. In the article, the author starts with a case encountered in the judicial practice, analyzes the reasonability of the element"significant loss"of the crime of abuse of power, then combining with the details of the case demonstrates the defects if"significant loss"becomes the element of the crime of abuse of power, then proposes suggestions.The first part is about the brief introduction of the case and the focus of the dispute. In this part, the author takes a case as the basis of the discussion that the state personnel abuse power to bid public project .How to handle the case? In the judicial practice there are two completely different views:"Guilty"and"Innocence". The author believes because the acts in the case have serious harm to society and also have the illegal nature the perpetrators should receive the criminal sanctions. However, according to the current criminal provisions, the perpetrators can't be convicted and punished.The second part is about the analysis of the necessity to convict such acts as crimes. In order to demonstrate the necessity to punish such acts above, the author starts with illustrating the corruption and social discontent emotion caused by the acts that the state personnel contract the projects, then points out the serious harms to the society caused by such acts. Then in the perspective of the Procurement Law, the author reveals the illegal nature of such acts. Lastly From the view angle of comparative law, the author demonstrates the reasons why such acts should receive criminal sanctions.The third part is about the technical analysis of convicting perpetrators'acts as crimes. In this part, the paper demonstrates the issue how to convict the acts that the state personnel contract projects. The author thinks because of the specificity of the subject of such acts, the duty nature as appearance and the rights and interests offended by the acts of abuse of power, the acts should be convicted as the crime of abuse of power.The fourth part is about the rational thinking of the improvement of the elements of the crime of abuse of power. In this part, against that the criminal law takes"significant losses"as the element of the crime of abuse of power, the author demonstrates significant deficiencies in the elements of the crime of abuse of power in the aspects as follows: The logical paradox in the cases of the lapping of the legal provisions,the inherent sense of the crime of abuse of power and the protection of the interests of official conducts'integrity and so on.The fifth part is about the legislation suggestions to improve the crime of abuse of power. The author suggests adjusting the elements of the crime of abuse of power in legislations, removing the rules of"Significant Loss"instead of"Serious Circumstances"...