Case Studies Of Crime Of Abuse About Zhu Xingrong

Crime of abuse in our criminal law has undergone a course of development from scratch, from the vague to the clear step by step from the imperfect to rigorous process. With the development of society, the state's overall national strength, coupled with "official position" when thinking of haunted national staff engaged in public service the growing abuse of power, but no clear laws to be punished for this. In order to accommodate the needs of national economic development, social stability and orderly, harmonious and friendly relationship between cadres. In 1997 the new "Criminal" dereliction of duty isolated from a new crime - crime of abuse, as on the national staff engaged in public service to give the necessary constraints, and in serious breach of law, granting the appropriate criminal penalties.This article is based on the above reasons, select a typical case, the crime of abuse of power in the judicial practice to conduct a comprehensive analysis of the specific application. This paper is divided into three parts to be described and analyzed. The first part of the review on the merits, and according to the case of the first and second instance decision, the case leads to the focus of the debate, that the case should be convicted of dereliction of duty, or to abuse punished, but also the question of innocence or the defendant, to be discussed below, leads to the main content. The second part is the focus of this writing, the main departure from the case, from the composition of theories of crime, by analyzing the constituent elements in the different points of view in the academic community, draw his own concurring opinion, and according to their own concurring opinion, on the Elements of case studies on the analysis, the final combination of case studies summary. The third part is an abuse of the provisions in the Penal Code the crime problems that exist in a certain sum, and put forward their own solution to the problem that the feasible approaches.