A Study On The Determination Of "Significant Loss" In The Crime Of Abusing Power

Criminal law in the initial development by the limitations of the times only provides dereliction of duty,and the abuse of power crime is not established,in the judicial application process is often a number of acts of abuse of power crime is also a crime of dereliction of duty convicted and punished.With the progress of social rule of law,in 1997,Article 397 of the revised Criminal Law provides for the crime of abuse of power,and the crime of dereliction of duty set up in the same terms,in essence,the crime from the crime of dereliction of duty From the legislative point of view,the crime of abuse of power should be clearly differentiated from the crime of dereliction of duty in order to reflect its effective value and significance.Judging from the problems encountered in judicial practice and the different understanding of scholars,"significant loss" of the crime and other aspects may still be open to question.According to the provisions of the legal provisions of abuse of power caused by "significant loss" as a crime to become the constituent elements of the crime,the relevant judicial interpretation and provisions are summarized and enumerated from the material loss and non-material loss of the two "significant loss" The standard is made more detailed provisions,this expansion is conducive to the interpretation of its normative function,but the "significant loss" as the results of the elements to the number of casualties,the amount of property loss as the dividing line between the crime and non-The standard of crime,the complexity of the practice of abuse of power in terms of crime is somewhat single and not comprehensive,for some of the larger subjective and dangerous but not a significant loss of harm behavior can not be effectively punished according to law,from the legal system and legal,The crime of abuse of power should be more differentiated from the crime of dereliction of duty,there are more stringent standards and penalties for the determination of the results of the crime.In the course of judicial practice,the determination of "significant loss" is directly related to the criminalization of abuse of power.In case of actual investigation,investigators often determine the conviction in accordance with the law."Because of the direct relationship between the crime and non-crime and the magnitude of the penalty and focus on and discuss the abuse of power caused by the loss of how the qualitative,the amount of loss calculation method,whether the lossoccurs due to the special circumstances of the case is difficult to dispute To determine the consequences of the damage is difficult to confirm also lead to abuse of power is difficult to convict.Criminal law and judicial interpretation of the damage to the specific provisions of a single,is simple and easy to grasp the characteristics,but the face of complex and diverse abuse of power,specific and single rules are lack of punishment and strength.The crime of abuse of power makes the crime of crime in the subjective crime of bias in favor of negligence,and abuse of power in some apparently intentional subjective misconduct in practice is also ambiguous be identified,resulting in some cases of abuse of power Crime subjective and crime results have different understanding and thus increase the difficulty of the crime that the normative value of the crime of abuse of power and social value of the law applicable to the process can not be well reflected.This article first describes the origin and the status of the "significant loss" in the crime of abuse of power and the origin and the status of the judicial explanation,and then describes the position and effect of the "significant loss" in the crime of abuse of power,then the case of Wang being suspected of abuse of power,Through the analysis of different opinions arising from the process of handling cases to illustrate the "significant loss" of the harm the results of abuse of power crime conviction analysis plays an important role,and through the traditional four elements of the case to conduct a comprehensive analysis of the case and identified,The author analyzes the influence of the "significant loss" on the subjective character of the crime of abuse of power and the positive and negative role in the criminal conviction determination process.Finally,the author discusses and envisages the crime of abuse of power in the crime of abuse of power.If the results of the provisions of emphasis on the circumstances of the provisions of the provisions in practice is more likely to be applied if the results of significant losses as part of the crime plot to expand the scope of the recognition of the consequences of damage,not to significant loss of objective criteria as a conviction Based on the crime of social harm,subjective vicious,the results of the diversity as a consideration of the factors involved in the conviction,so that the subjective intention of the crime under the premise can also be more in line with the legal logic,to avoid damage to the results of the crime elements When subjective can usually only be identified with negligence,and in practice with the behavior of the true subjective state of mind dislocation,this change should be beneficial to increase the crime of abuse of power handling efforts to effectively curb,punish abuse of power crime.