Case Study Of The Suspected Crime Of Li’s Abuse Of Office

The abuse of power crime is one of manifestations of corruptions, and is regulatedby Chinese Criminal Law. With our country’s managements and services towards everyaspects of society, it is unavoidable for some state functionaries abuse their poweringin the process of serving and managing civil business, break the law and deal with thematters which he or she has no right to do, or make the public properties and theinterests of country and people suffer losses severely as result of breaking the power tohandle official business. Due to the abuse of power, the economic loss is more than thecorruption and bribery crime. What’s more, the results of the abuse of powerirrevocable, and ruin the credibility of administration party and the people’sgovernment. In view of this, our country gradually puts emphasis on the crime-fightingof the abuse of power. However, because the legislations are not perfect, for example,the law articles are regulated irrational, charges in an indictment are indeterminate, andthe law publishes are unscientific. Those lead to the difficult position that it is hard todefine the crime and the non-crime, this crime or that crime, and at the same timeweaken the crackdown of the abuse of power.This thesis takes some Li’s abuse of power for typical criminal case and lists outthe disputable focuses in the cases, for example, whether Li’s behavior is guilty or not,Li’s behavior is neglect of duty or the abuse of power? If Li’s behavior belong to thediscontinuance of crime, should he not punished by criminal laws? Aiming at thedisputable focuses, the thesis also analyses the differences and associations betweenthe criminal behavior and accidental event, the constitutive elements of neglect of duty,abuse of power, the situation of the discontinuance of crime, analyses the subjectivecrime of the abuse of power. It gets the following conclusions: as a state functionary,Li’s main responsibility is in charge of safety in production. He knew clearly theproducing industry has the problem of security threat, however, he believed easily thesecurity threat can be avoided and make decision illegally, and allowed the producingindustry produce under the security threat which result the accident and lead to thecasualties and the losses of property, which belong to the typical the abuse of power.