Research On Several Problems Of Crime Of Power Abuse

Crime of abuse of authority was established by Criminal Law of P.R China in1997,which is separated from crime of neglect of duty. Due to the provisions of the law on the crime of abuse of authority is simple, there are many arguments and problems about this crime in theory and judicial practice. I want to use this article to study some problems about the concept of crime of abuse of authority, the form of subjective fault, causal relationship, crime number. I want to use this study to proposed my shallow view.This article is divided into introduction, a fundamental introduction of the crime of abuse of authority, the form of subjective fault of this crime, causal relationship of this crime, and the problem of bribery type of abuse of powerThe introduction part mainly discusses the importance and necessity of punishing this crime and literature review.The first part of the article mainly introduces the crime of abuse of authority, including the legislation evolution of this crime, the definition of the concept of this crime. At first the crime of abuse of the authority is not independent crime in criminal law, this crime separated from crime of neglect of duty becomes independent crime in Criminal Law of P.R China in1997.Firstly I analysis the meaning of authority and the scope of abusing. Secondly I introduce the different views about the concept of crime of abuse of authority. Thirdly through analysis this views, I think the crime of abuse of authority is the behavior including the excess of authority, decide something illegally because they have no right, don’t perform their duty deliberately or deal with official business against rules,which result in the significant losses of public property and the interests of the state and people.The second part of the article mainly introduces the form of subjective fault of crime of abuse authority. Firstly I introduces the different opinions about the subjective fault of this crime, including criminal intention, negligence, compound fault and mixed fault. Secondly, through analysis this views I conduct the shortage and problems of this views. Finally, through a series of demonstration I think the subjective form of the crime of abuse of power should be deliberate, including direct intent and indirect intent. The process of Reasoning is as follows: first, I demonstrate the standard of judging the subjective fault form in Chinese Criminal Law is based on criminal consequence, the standard of behavior is wrong. Second, I prove that the significant losses is criminal consequence, then analysis the mentality of offender aim at significant losses includes direct intentional and indirect intent, and there is no negligence fault and overconfident negligence.The third part of the article is about the causality of the crime of abuse of authority, which including the concept and characteristics of causality of the crime of abuse of authority, the different theories about how to identify causality, analysis this theories and on this basis, I concluded that we should make use of facts and legal reasons to identify the causality of the crime of abuse of authority. In this paper through analysis the meaning of caution and consequence, I defined the meaning of causality of the crime of abuse of authority as the interactive relation between the action of power abuse and reality result in according with provision of the criminal law. I conclude the characteristic of causality of the crime of abuse of authority in according to the characteristic of this crime and judicial practice. The theory of how to identify the causality of this crime include the conditionality theory,the causal theory and the correspondence of causal relationship theory in civil law system. In common law system the method of identity causality is combined the reasons in facts and law.Through analysis the above theory and consider the characteristic of this crime.I think we should make use of the common law system’s method to identify the causality of this crime. In this article I also introduce how to make use of this method specifically.The fourth part of the article is about the crime numbers problem of the bribery type of the abuse of power crime, which include different views about the crime numbers of this crime,analysis process of this views and then I conclude that the crime numbers of the bribery type of abuse of power crime is enactments overlapping. The view of crime numbers about this crime include imaginative jointer of offenders, implicated offender, enactments overlapping and substantial number of sin said. If we want to analysis this problem, we need to prove whether get benefits for people is the requirement for accepting bribery crime. At first, I prove get benefits for people is the requirement for accepting bribery crime. On the base of that, I remove the implicated offender and substantial number of sin said. Then I conclude that bribery crime and crime of abuse of authority have overlap or cross relationship. So, I remove the imaginative jointer of offenses. I also analysis characteristics of enactments overlapping and demonstrated that the bribery type of abuse of power crime accord with above characteristics.