On The Guilty Mind Of The Crime Of Abuse Of Authority

It is controversial about the guilty mind of the crime of abuse of authority in the theoretical law circles, since it hasn’t been given a definite regulation in the Criminal Law of PRC enacted in 1997. There are several theories about the guilty mind of abuse of authority, such as criminal intention theory, criminal negligence theory,complex criminal theory and so on. And the criminal intention theory prevails and is classified into a few sub theories such as intentional act theory, intentional result theory. The writer who has been engaged in duty crime investigation for years and has handled tens of criminal cases about abuse of authority, find out that the case handlers including the investigators, the prosecutors and the judicial officers hold different views about the criminal intention theory, which brings out confusions for the case handlers and will do harm to the law application and therefore damage the legal authority. In this essay, starting from the analysis of China’s criminal theories and referring to the foreign theories about the crime forms of abuse of authority, the author try to demonstrate that the crime form of abuse of authority should be intentional results.The essay consists of six parts. The first part is about the legislation evolution about abuse of authority. The second part is about the disputes of the theories. In the third part, by analyzing the judge standard about the crime forms of abuse of authority in theoretical circles, the author hold the opinion that the crime forms of abuse of authority should take the mental attitude the doer hold to the great damage as judge standard. And the fourth part is about the evaluation of the different theories and brings out the view of the author. The last part is to analyze the crime forms of abuse of authority during the judicial practice.