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Theory Of Abuse Of Power

Posted on:2013-11-12Degree:MasterType:Thesis
Country:ChinaCandidate:Z Q GuoFull Text:PDF
GTID:2246330374454761Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In the field of job-related crimes, since the97criminal law to determine the crimeof abuse of power, regardless of academic or theoretical circles of the crime of abuse ofpower can be said that a hundred schools of thought contend, view everywhere toexpress their views. Therefore, strengthening the theory of the crime of abuse to helpguide the practice of justice, to combat crime, maintain order and purity of the jobbehavior. This article first defines the crime of abuse of the concept and types ofcomparative analysis of the criminal legislation of the abuses of power abroad, reviewedthe legislative history of the crime of abuse in China, analyzed the current situation ofthe crime of abuse discussed as a basis. This article that the main body of the crime ofabuse of staff including staff of state organs and on the staff of state organs ". The crimeof abuse of the implementation of behavior type is divided into acts and omissions,including beyond the terms of reference, do not properly fulfill its mandate and powersto give up. The crime of abuse of subjective sin is intentional, including directintentional and indirect intention."Significant loss" of the crime of abuse convictionplot, the ’standard interpretation of "significant losses" are reasonable.
Keywords/Search Tags:job-related crimes, abuse of power, dereliction of duty
PDF Full Text Request
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