Formal Research On The Crime Of Abuse Of Power

Fault theory in our country,the form is divided into two kinds,namely the intent and negligence,with the development of the criminal law theory and judicial cases of complex,scholars about the form of our country puts forward several new ideas: objective elements more than say,subjective fault and compound fault,etc.,among them "compound sin" equivalent to a "middle ground" in foreign criminal law theory,"the third kind of subjective factor" and "reckless".In this paper,we study the crime of abuse of power,the lawmakers have not clearly defined in the criminal law in 1997 about the form,the theoretical circle there is a single sin,composite fault,and usually it defined as intentional crime in the judicial practice.Throughout the legislation of the crime,the subjective state of the criminal law in ancient China is mainly the combination of intentional or intentional negligence.Threatens the crime of abuse of power through the analysis of the results held by the state of mind,to the introduction of the compound form abuse sin does not violate the basic principles of criminal law,conform to the legislative background of our country,to adapt to the need of justice practice in our country...