Research On Crime Of Abuse Of Difficult Issues

This paper presents some analysis of crime of breach of privilege. It is the key period ofthe socialist market economy. Malfeasance crime of abuse, especially crime of breachof privilege is increasingly highlighting its importance in the law and practice of judicialactivities. Since1997, the crime of breach of privilege has been a separate crime;judicial interpretation is in the ongoing improvement, but still a lot of problems inpractice, such as the range of subject, the degree of severity results, and statute oflimitation of prosecution. This paper has shown through several typical cases to explorerelated issues and presents ideas to improve the statute of crime of breach of privilege.The crime of breach of privilege subject is a special subject in criminal law. It requires aspecial definition. The definition always has certain rights and obligations. The subjectof the crime of breach of privilege is the provision of special subject has been constantlyrefined clear in the legislation.The ’abuse’ in the crime of abuse authority is the objective behavior, does not involvethe subjective need with improper purpose, the State organ personnel only need to takethe illegal method to exercise their functions and powers, it has formed ’abuse’.Unlawful methods include beyond their own authority and powers in the inside andoutside of any applicable authority. The author agrees with that point of view isobjective; the ’abuse’ means to presume that matters have the power to decide or has noright to decide, does not need to have an improper purpose.Forms and characteristics from the non physical loss of the results can be seen,identification of intangible loss results is difficult, and it is easy to produce thesubjective arbitrariness in the identification, some of the atypical results without theneed for special proof in the judicial practice, but this does not mean the intangible lossresults do not need to prove, it need more identification. In2012, the Supreme People’scourt and the the Supreme People’s Procuratorate has announced ’ Interpretation of theSupreme People’s court, the Supreme People’s Procuratorate on handling the issuesconcerning the application of law of criminal cases (part one)’, this explanation for thecrime of breach of privilege ’significant loss’ made the identification standard: the nonphysical loss results summarized as ’the adverse social impact’, but there is still nocriteria for specific and detailed provisions intangible loss result.The reason for the crime of abuse of theorists starting point of the statute of limitationsdivergent is related to the existence condition of crime in the specific provisions ofcriminal law provisions difference is inseparable. According to the condition of crimecrimes can be divided into behavioral offense and consequential offense: The formerrefers to an act carried out once, upon completion of this behavior is convicted of acrime established; the latter refers to the practice after the crime, must be present in order to determine the consequence of a serious crime is established. From the "criminallaw" article397th provisions of the crime of breach of privilege can be seen that theestablishment of the crime of breach of privilege requirements appears seriousconsequences, it is a typical result crime, and statute of limitations for the crime isestablished early, so the limitation of prosecution of crime of breach of privilege shouldbe calculated to determine from the serious consequences.