Study On The Application Of Relative Non-prosecution Conditions In The Crime Of Abuse Of Power

Abuse refers to the staff of state organs intentionally, does not exercise its statutory duties correct behavior, if that behavior eventually led to the national interest, the interests of collective property and the people suffered heavy losses, then it constitutes a crime of abuse. Malice and abuse crime has serious consequences two notable features.Relatively non-prosecution is an important institution of criminal proceedings, the prosecution proceedings is made on the case. Discretion not to prosecute privilege to meet the following requirements apply to cases:first, compliance with the statutory conditions for prosecution; secondly, committed a minor crime; and third, according to the provisions do not require punishment or be exempted from punishment.Currently, due to the crimes committed criminal legislation lags behind, understanding and application of the law is controversial, idea-oriented law enforcement, inadequate supervision not to prosecute other factors, led not to prosecute the crime of abuse is relatively exposed many problems in judicial practice. Especially not to prosecute the crime of abuse of a relative standard applicable conditions confusion, procuratorial organs at all levels is difficult to accurately grasp. Under the guidance of the concept of difference, both to meet the "malice" and "serious consequences," the elements of the crime of abuse convictions, but also in line with "minor crime" and "in accordance with the provisions do not require punishment or exemption from punishment," the relatively prosecution applicable conditions, whether it is a specific mode of operation, or real treatment effect have significant differences, this law does not apply to imbalance and rigor, seriously affecting the justice and social harmony.With the acceleration of the process of the rule of law in Chinese society, "relatively non-job-related crimes prosecutions," has become the focus of public attention. On the one hand, the central intensify efforts to combat corruption, emerged a large number of crimes committed in public view; on the other hand, light punishment of crimes committed in the growing trend is wrong on the law applicable to the case of crimes committed relatively non-prosecution deal with the often exist, which led public opinion to a "one-sided" phenomenon, the experts generally agreed that the public and the law does not prosecute crimes committed relatively too wide phenomenon over the indiscriminate applicable.In judicial practice, both should be prosecuted and not prosecuted, and the decision to prosecute or not to prosecute, are sorry for the phase of improper application of the right to appeal. Sorry improper application of the crime of abuse with the right to appeal, not only contrary to the principles of law to adapt to the crime, but also contrary to temper justice with mercy criminal justice policies.Way to Regulate the crime of abuse of a relatively non-prosecution applicable conditions are mainly four:First, improving the legal and judicial interpretation of the crime of abuse of power, abuse of power increase legal punishment of crime from the legislative level, additional qualifications punishment, criminal fines, and even investigated abuse powers perpetrator of civil liability; the second is the correct understanding and application of the law, at the operational level of the prosecution not to prosecute clear discretion not to prosecute relatively complete applicable standards and operating procedures; third is to transform the concept of law enforcement, in the management level Attorney implementation integration, relatively moderate expansion of the scope of non-prosecution, greatly improve the overall quality of prosecutors and judicial level; fourth is to strengthen supervision, and strengthen control and supervision of the Party to strengthen the rights of the control plane, the NPC for the prosecution supervision, supervision of prosecutors leading inside the top-down, the relevant units of the post-tracking supervision, outside the judiciary for prosecution of examination and supervision, and improve the accountability system.