Several Problems On The Crime Of Abuse Of Power

This article will discuss the crime of abuse of power from five aspects, such as the subject, behavior, harm results, cause and effect, subjective sin. In the part of Subject, according to the main problems of subject of the crime of abuse of power in the legal application, the author indicates the connotation of the subject. In the part of Objective behavior, according to analyzing the factors of power and abuse, the author indicates the meaning of the behavior of the crime, what has three forms, considered that "act of omission " can constitute abuse of power. In the part of Significant loss, according to the related law about significant loss, the author analyses the significant loss and the way of confirming the number and time of the damage. In the part of Cause and effect, based on the theory of criminal law causation, the author describes the cause and effect of the crime and analyzes how to confirm the cause and effect between behavior and damage. At last, Subjective Sin section, combining the theory of criminal law and judicial practice, the author analyzes the subjective sin of the crime and confirms the subjective sin of the crime is intentional, including direct intent and indirect intent.