Research On The Crime Of Abuse Of The Power

The crime of abusing power means the act of using their position of power by national office stuff for some personal purposes,or fail to perform their duties,resulting in serious harm to national properties.At present,the abuse of power is common phenomenon in China.It does seriously hindered social harmony of China and tremendous damage to broad masses of people's fundamental interests.There are many reasons that cause this phenomenon,the most important reason is the law on crime of abusing power that hasn't been specified deeply in detail is an essential cause.Due to the crime of abusing power can not be unified in theories and practices.The law gap that always causes the power abuse,thus to cope with the conflict,because the law needs of the development of the judicial practice.This topic in the area of law academy is a controversial one.This paper is based on author's study and research.All the point that author discusses from the following several aspects:First of all,in this essay the author summarized and analyzed the domestic and foreign legislation,definition and classification of the crime of abusing power.And made analyzed on the issue problem.The author puts forward some own views on this problem.Then the author suggested the crime of abuse of power statement before winding it up.Next,describe from criminal constitutive requirements of crime of abuse of power,that are some ideas as follows.First,the crime object of this crime is a complex object,they have violated the normal management activities of the state organs and public interests infringed.Second,analyzes the abuse of the behaviors and negative effect,explain the controversial problems,and author's own opinion.Third,the category of the criminal subject lacks rationality,then adjust this in further.Fourth,the abuse of power crime is a subjectively intentional behavior.Subsequently,analyzed and soared out some problems with judicial practices and applicability of criminal penalties for the crime of abusing power.In addition,the present condition of unclear provisions of the crime of abusing power,further clarify the constitutive requirement of crime and clearly distinguish it from non-crimes.In addition,differences and relationships between the crime of abusing power and othercrimes been analyzed.Eventually,the author made suggestions on improvement of the crime of abusing power,base on the present situation of legislation and judicial practice.First,according to the current “criminal law” article 397,this crime and crime of abusing power crime could be separate provision.Second,improvements shall be made by comprehensively considering improper prescriptions about the range of subjects for the crime of abusing power.In particular,“National institutions' staff”is suggested changed into “national staff” in original relevant laws.Thirdly,today most scholars agree that the crime of abusing power is subjectively intentional behavior.Therefore,the legislation law should make clear on this point.Fourthly,the legislation consummate on abusing power should make.The penalties about qualification and property suggests to added to original laws and regulations,to improve legally prescribed penalties for the crime of abusing power.