Study On Crime Of Power Abuse

Crime of power abuse provisions in the criminal law is relatively simple, but the behaviorof power abuse occur in practice itself was complexity and had generated a lot of difficultproblems in the judicial recognition process, a lot of controversial issues did not reach aconsensus.The problems of the crime of power abuse in applies are mainly concentrated in thecrime constitution. The object of crime of power abuse should be a complex object, includingthe normal management activities of state organs and public interests;Behavior of the crimeof power abuse Include the acts and omissions; The "significant loss" of the crime of powerabuse includes personal injury, property damage, as well as "social impact" of suchnon-material losses. Subjective of the crime of power abuse is deliberate. The main body ofcrime of power abuse is staff of state organs, including state organs engaged in public servicein the personnel engaged in the exercise of official duties in the organization in terms of stateadministration staff and government agencies engaged in official business. The staff ofnon-governmental organization and state organs can be constituted the crime of power abuseto implement as an accomplice.The crime of power abuse and general abuses, the main difference lies in the bureaucracy,the latter two on the criminal law can not objectively cause the results "significant loss". Thebiggest difference is that the crime of power abuse and errors in the work, the work of theactors do not want to the result of "significant losses" occurred.The difference between thecrime of dereliction of duty and abuse of power is subjective aspects, namely the crime ofnegligent dereliction of duty committed. The difference dereliction of duty and taking bribesis a different object, the object of bribery violations is the integrity of state functionariesbehavior.The crime of power abuse and taking bribes occurs when competing should be graft.