Research On The Nature Of Government Functionary Perjury In Investigation

In modern society,in order to fully realize the functions of the state administration,national government agencies,the large number of government agencies,while in China,the number of civil servants more substantial.Since China's reform and opening a short time,although political reform has made great achievements,but there are still many problems.State organs at all levels and functions of government agencies still chaotic phenomena supervision system staff of state organs are not yet fully established,the official standard thinking is still strong in some areas,these factors have resulted in state organs abuses endless.And because China's criminal law on the crime of abuse of the provisions more single judicial interpretation is not perfect,therefore,finds that the crime of abuse of judicial practice has always been one of the difficulties,especially for the "staff of state organs of Range" "post behaviors" and "abuse of power","economic loss" of that has always been the focus of theory and practice discussed.This article has four parts:The first part: the basic circumstances of the case.This section describes the differences between this case and the case process,which is rooted in the recognition of four different areas: staff of state organs in an interview with the executive authorities in the investigation as a witness,whether should still be regarded as staff of state organs,proof of whether conduct post behavior,abuse and fraud to prove whether the penalty should be fine without penalty whether economic losses.The second part: Analysis of legal issues.This part of the legal dispute split the four points involved in the analysis and conclusions are as follows: The contents of staff of state organs to testify when their job-related,should be regarded as state organs;acts on general duties standard social attitudes finds proof of behavior is job behavior;abuses including improper exercise of authority,exceeding authority,do not perform their duties in three aspects,false evidence of behavior is improper exercise of authority;penalty shall not punishment fines does not belong to economic losses.The third part: case analysis and conclusion.This part mainly with the legal analysis of the first part of the points of dispute cases analyzed,concluded that case the perpetrator's conduct did not constitute the crime of abuse of power.The fourth part: Revelation case studies.This is partly based on analysis of the first two parts in this case the focus of controversy and related jurisprudence,the case summary revelation given.