Research On The Objective Requirements Of The Crime Of Abuse Of Authority

The crime of abuse of authority was first been introduced into the CriminalLaw in1997, where the provisions are relatively simple with only the words“abuse of authority” to prescribe this criminal. Great disputes have been raisedout in both theoretical domain and judicial practices. Scholars have differentopinions, especially in the objective aspect of the crime of abuse of authority. Inthis thesis the author will make a further research on the objective aspect of thecrime of abuse of authority by methods of comparative analysis and logicalanalysis so as to raise out some superficial opinions on the complementation ofthe crime of abuse of authority.This thesis includes23,000words. Besides introduction and conclusion parts,the main body could be divided into three parts: the first part mainly talk aboutthe conception of the action of abuse of authority. In this part the author listed thedefinitions of abuse of authority given by the theoretical domain in detail, then tryto analyze two key factors in the action of abuse of authority:“authority” and“abuse”. By analyzing the conception of “authority”，the author believes that theword “authority” in the action of abuse of authority refers to the responsibilityand power empowered by the country to the power actor to make management onthe state affairs, which shall be limited within the power of a general position,with no necessary requirement on legal forces. By making reference to thecriminal law temerities of German and Japan, and by analyzing the opinions ofscholars the author believes the word “abuse” refers to action does by the actor ina improper method which is against his goal of position. Above all, the authorcame to the conclusion that the action of abuse of authority refers to the actionmade by the state officer within the power of a general position by using animproper method, does action which is against his goal of position.In the second part, after checking on the performance of the action of abuseof authority, and by comparing and analyzing such performance the author cameto the conclusion that the action of abuse of authority include act and non-act,which refers to three kinds of different types: improperly make use of authority;not to performed responsibility on purpose and overstepping of authority, and make analysis on each of these three types.The third part contains about define of the consequences of abusing ofauthority. Firstly the author analyzed the distinctions and relations on losses,threaten consequences and criminal consequences，and define the characteristic ofthe “heavy losses”. Then talked about types of the bad consequences of the actionof abuse of authority, for example, it could be divided into physical losses andnon-physical losses based on a certain amount of currency as standard, duringwhich the author also made a comprehensive analysis on the types and standardsof non-physical losses, and pointed out the opinion of paying attention to theinternet spreading and public opinions when defining the bad social effect;besides, the degree between losses and abuse of authority could be divided intodirect losses and indirect losses. Etc…. Finally, the author of this thesis alsomade analysis on the issues occurred in the bad consequences of abuse ofauthority, such as standard and time on the define of heavy losses, and the defineof the multi losses.