The Existing Problems And Perfect The Power Abuses Crime Research

Crime of abuse of power is a kind of important malfeasance crime,is a kind of be found after the legislation of the crime.It includes the general abuse of power crime and the special crime of abuse of power.In 1997,the crime of abuse of power by China's ?criminal law?,as a new form of crime of formal,to punish state personnel who abuse their power to harm their country,public and personal rights and interests of the behavior.At the same time,in 1997,?criminal law? provisions of the special crime of abuse of power.Since abuse of power crime punishment,has nearly 20 years,its malpractice of against abuse of power crime play an important and irreplaceable role,is not confined to the justice,the role of law spread to every aspect of life.With the passage of time,the development of the economy,the law of the hysteresis is inevitable stand out,though China's supreme people's court and the supreme people's procuratorate issued about the crime of abuse of judicial interpretation to make up for the defect of abuse of power crime legislation lags behind,but many problems still exist in practice.Based on theoretical knowledge and the basis of existing laws and judicial interpretations text,grasp and absorb the gist of the theory of combined with the provisions of the laws and judicial interpretations,explore the influence of the theory of abuse of power crime legislation and legislation for the adverse effects of the theory of relationship further,concludes the theory and legislation of desirable or deficiency,thus put forward legislative Suggestions of perfecting our country's existing crime of abuse of power.In this paper,besides introduction and conclusion,the text consists of three parts,about 20000 words or so,its main content is summarized as follows:The first part: the thesis on the crime of abuse of power are summarized.First of all,the thesis further definition is the crime of abuse of power,abuse of power crime should be proposed to the state civil servants exceeding authority,don't perform their duties,or illegal exercise of power,the infringement of the state,social public or individual rights,should bear criminal responsibility.Secondly,the paper briefly introduces the crime of abuse of power of the legislative process,found that the abuse of power crime legislation process is a process of deepening understanding of its.Finally,the author adopts the method of comparison,extraterritorial several main countries and in our country criminal activity legislation differences are compared.The second part: papers on the problems of crime of abuse of power for parsing.First of all,the paper analyses the form of crime of abuse of power,and support the idea of deliberately said.Then,the essay summarizes about the cognizance of "abuse of power" theory,on the basis of put forward his own views.Between the second paper on the crime of abuse of boundary problem are analyzed.Paper analyses the abuse of power crime and the boundaries between work mistakes,dereliction of duty.Finally,the paper for abuse of power crime legal punishment in the problems that exist in the judicial application is analyzed.The third part: the author of the crime of abuse of existing legislation in our country puts forward perfect opinions,separately from the legislative structure,sin,"abuse of power" and specific and comprehensive legal sentence four aspects proposed the opinions on the improvement of the existing legislation.