Judicial Identification Of The Causal Relationship Of The Crime Of Abusing Power

In the crime of malfeasance stipulated in the ninth chapter of our criminal law,the crime of abuse of power is the first crime under this chapter.This not only highlights the important position of the crime of abuse of power in our criminal law system,but also shows the attitude towards the state's power restriction and determination.Especially since the 19 th National Congress,anti-corruption and honesty has always been one of the priorities of China's political life.The top leaders have repeatedly expressed their determination to “make power in the cage”.Therefore,in the process of building a society ruled by law,the criminal law community should also respond to the wave and make legal answers to corruption from a professional perspective.The crime of abuse of power,as the most common form of corruption,should have a place in the discussion of the crime of malfeasance in the theoretical circle.As a kind of fictional crime,the crime of abuse of power is not only unique in theory,but also in practice is not easy to find and difficult to investigate;In recent years,the crime of dereliction of duty in our country has presented high-risk and high-discovery crimes.The crime of abuse of power as the first crime under the crime of malfeasance has also increased.According to incomplete statistics,in 2017 alone,there were 1,199 cases of abuse of power on the Internet,an increase of only 40% compared with 830 in 2016.In the increased number of cases,the judicial practice dilemma is also fully exposed,which in turn promotes the theoretical discussion of the crime.In the past discussion of criminal law,the study of the crime of abuse of power focused on the subject,subjective crime,objective behavior and the result of harm;many scholars have fully demonstrated the particularities of these four elements from various aspects,providing a lot of new perspectives for judicial practice;however,the crime of abuse of power as a result of the crime,in the context of the result of the "no cause and effect,no responsibility",the discussion of causality is relatively blank.In order to accurately implement the criminal law and the principle of adapting crimes and punishments,the determination of the causal relationship of the abuse of power can be said to be the key to the key.At present,countries around the world have many academic views on the determination of causality in general crimes.The more popular ones are conditions,reasons,and causal relationships.These various theories have their own advantages anddisadvantages and focus on each other,and they all solve certain problems in the theory of causality in criminal law.However,as an ancient discipline,criminal law not only emphasizes the solution of theoretical dilemma alone,but also finds a unified and practical and stable decision-making model for criminal law practice that can cover all behavioral models.From this perspective,we can't deny that the current theory of causality in criminal law is not perfect.Therefore,some German and Japanese scholars have taken a different approach and proposed an objective attribution theory.This theory is highly valued in civil law countries,especially in Germany,which has a very important position and is in a relatively popular stage.China has not introduced this theory for a long time.At present,the theory is still in the initial stage of research.There are many scholars in China who have theoretical analysis and discussion.In the academic world,the debate on this theory is relatively large,on attribution or imputation.Faced with many controversies,but objective attribution theory has its significant advantages,especially the enlightenment of judicial practice is obvious.However,it is a pity that there is no systematic and detailed argumentation analysis of the theory in judicial practice.In returning to the determination of the causal relationship of the abuse of power,there is no unified evaluation theory in theory and practice;the theoretical approach is often based on the theory of general causality in criminal law,which is even more confusing in practice: it has led to some problems.In a nutshell,it is ambiguous in the judicial determination of the causality of the abuse of power.Therefore,it is necessary to accurately identify the causal relationship between the harmful behavior of abuse of power and the harmful result in the complicated causal relationship.It is not only a proper meaning of discussion in the theoretical circle,but also can alleviate some difficulties in the judicial practice of abuse of power..Therefore,it is of great practical significance to study the judicial determination of the causal relationship of abuse of power.