Research On Several Issues Of Crimeof Abuse Of Authority

As a kind of crimes of dereliction of duty,behaviors of abusing authority not only directly damage the normal activities of government agencies but also have serious social harmfulness which leads to the serious loss of the interests of the state and the public.Although the academic and practical circles have carried out constructive discussions on the relevant difficulties of the crime of abuse of authority,due to the relatively simple legislative regulations and the differences in their interpretative positions,there are still some divergences on the recognition of several issues of the crime and it's hard to reach consensus.Through the arrangement and analysis of relevant existing theories,this paper focuses on the most controversial issues of this crime: One is the form of subjective guilt.The form of subjective guilt of the crime of abuse of authority can only be intentional,either direct intent or indirect intent;One is the objective aspect of the crime of abuse of authority.It holds that “abuse” should include incorrect use of authority,action beyond the authority,and deliberate failure to perform the duties these three categories.“Authority” is legitimate authority.The authorities that state personnel obtained directly by law,by authorization of laws and regulations,by the delegation of laws,regulations or rules all belong to the scope of "authority" of this crime.Besides,abuse of authority should include two forms,including action and omission;One is the problem that whether the behavior of abuse of authority made by non-state functionaries and state personnel can be identified as joint crimes.It is believed that it should depend on specific situations,mainly depending on whether the state personnel can really participate in the practice of abuse of authority;One is suggestions on the legislative deficiencies of the crime of abuse of authority.This paper mainly makes a discussion from four aspects like the separation of clauses and the adoption of a statement of guilt.Through the research on the disputes and legislative perfection of this crime,this paper tries to eliminate the differences and provide a theoretical basis for solving the puzzles in judicial practice.Meanwhile,this paper provides scientific and effective legal support for better prevention and punishment of official crimes,protection of the interests of the state and the public,and insurance of the normal activities of state organs.