Judicial Cognizance Of Harm Result Of Crime Of Abuse Of Power

Crime of abuse of power refers to the national office working personnel deliberately overstepping authority,,handling matters they has no right to decide or in violation of the law,or handling official business in violation of regulations,leading to the public property,country and people interest to suffer great losses.This paper studies the problems of judicial cognizance on the harmful consequences of crime of abuse of power.In 1997,the crime of abuse of power separated from the crime of dereliction of duty.While the law provision is too brief and it caused many disputes in judicial practice,especially in the aspect of harmful consequences of crime of abuse.This article analyzes and defines the existing difficult points one by one of harmful consequences of the crime of abuse,in order to help the cognizance of the crime of abuse of power.The article consists of more than fifteen thousand words.In addition to the preface and epilogue,the main body is divided into four parts?The first part summarizes harmful consequences of the crime of abuse.Firstly this paper introduces the concept of harmful consequences,and then analyzes the nature "significant loss" of the crime of abuse of power and then concludes that "significant loss" is the harmful consequences of the crime of abuse.Secondly discusses the categories of "significant loss",according to the concrete forms of loss,"significant loss" is divided into material and non-material loss.The second part discusses judicial cognizance of the "material loss" of the crime of abuse of power from personal injury losses and economic damage.Economic losses is analyzed from the concept,scope,time point,claims and losses,and many other aspects.The third part discusses judicial cognizance of "intangible significant loss"of the crime of abuse from "bad social influence" and "other causing public property,country and people interest to suffer great losses".In this paper,the bad social influence is cognized from the defined standards,defines methods and several kinds of common types that are identified.Other significant losses were analyzed by the way of list.The fourth part discusses judicial cognizance of both material and non-material harmful consequences of the crime of abuse of power,and the harmful consequences should be cognized by the unity of quantity and quality to determine the amount and degree of loss,and then determines whether a certain loss results is significant or the behavior constitutes the crime of abuse of power.