Study On Judicial Cognizance Of The Crime Of Abusing Authority

The establishment of the crime of abusing authority in the criminal code in1997has changed the situation that there is no legal basis to punish the behavior of abusingauthority of staffs in state organs which cause serious damages to the nation and theinterests of the people, this played a very important role in terms of effectivepunishment of the crimes of dereliction of duty, and to curb the corruption, alsofurther promoted the development of our country’s legal system construction.However due to the description of criminal law on this crime is too simple, legalprovisions are not precise enough, it has been produced a variety of differentperspectives in the theory circle, and has been arisen confusions in the judicialpractice. Although some judicial interpretations issued in recent years broughtconvenience to the judicial authorities in handling cases to some extent, but still failedto solve some problems, and there are still some theoretical and judicial disputes. Thisarticle tries to clarify some problems so as to benefit the research on such crime andjudicial practice by discussing the summary of crime，constitution of crime andjudicial cognizance of crime of abusing authority.This article is divided into three parts, the structure and contents of the text arearranged as follows:Part one, the summary of crime of abusing authority. In this part, firstly, definedthe concept of the crime of abusing authority in our country’s criminal law, byanalyze different definition of this crime and review the legislative history of thecrime of abusing authority. Then through a comprehensive evaluation of theconstitutive elements of this crime, put forward views on some difficult problems ofconstitution of this crime.Part two, analysis on current situation of judicial cognizance of the crime ofabusing authority. In this part, mainly discussed some serious problems that are oftenfaced in the judicial practice, including crime or not crime, this crime or that crime and the special forms of this crime, and narrated the current situation of judicialcognizance of this crime.Part three, the vital issues in judicial cognizance of the crime of abusingauthority. In this part, summarized some vital issues that should be mastered andidentified in judicial cognizance of this crime and put forward concrete judgmentmethods of these issues.