The Basic Problem Of The Crime Of Abuse Of Research

The crime of power abuse is that: Personnal in governmental departments are beyond power and cause much more loss to the pountry and the people. In theory and practice , there are many discussions. The author thinks there are four parts in this thesis:The first part : the components of the crime of power abuse1. the object of it is simple object;2. the objective aspects of the crime of power abuse: first is beyond power; second is performing power improperly ; third is that undoing also can be crime of power abuse and forth is that above-mentioned behaviors causing heavy damage consist of the crime of power abuse.3. the subject of crime of power abuse includes eight kinds of personnel:(I) personnel in departments of Communist Party of different levels;(II) personnel in legislative bodies of different levels;(III) personnel in administrative bodies of different levels;(IV) personnel in judicial bodies of different levels;(V) personnel in supervisory bodies of different levels;(VI) personnel in departments of army of different levels; (Vll)personnel in departments of PCC of different levels;(VIII) personnel in bodies with governmental power and personnel in administrative bodies with the function of public management4. As for this question, there are many discussions, The author thinks that the subjective aspects are indirect intention and negligence and the negligence only refers to over-confident error.The second part: criminal patterns and knotty problems ofthe crime of power abuse1. no non-done pattern in the crime of power abuse ;2. no mutual crime of the crime of power abuse ;3. a crime punishing heavier will be chosen when a behavior offends the crime of power abuse and other crimes at the same time.The third part: the judicial identification of the crime of power abuse1. whether there is heavy damage is the main basis to distinguish criminal from non-criminal;2. the difference between the crime of power abuse and negligent crime is mainly at subjective aspects. The crime of power abuse consists of indirect intention and negligence and the negligence only refers to over-confident error; but negligence crime only consists of negligence and only refers to negligent error.The forth part: two problems about criminal responsibility of the crime of power abuse: one is a factor that needs more drastic penalty the other is the classification of responsibility.