Criminal Law Analysis Of Abuse Of Powe

The abuse of power is based on the violation of duty norm.The criminal law evaluation of abuse of power should pay attention to and give play to the role of duty norm.According to the content of the specification,the duty specification can be divided into interest protection specification and technical regulation.The norms of interest protection directly point to interest protection,while the technical provisions are objectified duty of care,which can maintain the doer’s ability to avoid risks at a specific level by stipulating the way of performing duties,and indirectly point to interest protection.Generally speaking,the person who performs "official duties" according to law is a state organ staff.In a specific case,whether the behavior of the doer belongs to "exercising power on behalf of the state organ" is not the identification factor of the subject,but the basis for identifying the abuse of power behavior.When the specific behavior of the state organ staff is within the scope of "general position authority",the behavior that violates the duty norm is the abuse of power.The significant loss is not the result of constituent elements,but the quantitative element for the abuse of power to reach the degree of punishment.It must be related to the purpose of duty regulation protection,and it must be grasped from the meaning of the actual loss of the object which is separated from the behavior.The crime of abuse of power is intentional crime,which refers to the intentional infringement of legal interests in proper execution of official duties,while the serious loss can be intentional or negligent.The latter is the normal practice and the focus of theoretical research.To judge the causality of the crime of abuse of power,it is necessary to consider the protection purpose of the duty norm,and the major loss and its occurrence mode should be consistent with the preset type of the duty norm.For the major loss,the possibility of result avoidance should also be considered.If the performance of duty according to law still cannot avoid the occurrence of major loss,the negative result shall be imputed.In general,compliance with the technical regulations can maintain the attention capacity above the standard requirements,but when the technical requirements are too high,the exception is to exclude subjective imputation.