Crime Of Abuse Of Law Applies

Divided into 8 parts, this thesis is supposed to conduct research on the crime of abusing power mainly based on the perspective of legal applicability.Firstly, through the introduction and explanation on the origin of crime of abusing power and the implication of abusing power, this thesis draws the definition of crime of abusing power by contrastive methodology.Secondly, the thesis performs research on the constitution of crime of abusing power, pointing out that the object of crime of abusing power mainly refers to the normal administrative order or the normal action order of the State Organs, that the external form of power-abuse refers to the behavior of breaching the relative regulations of the law and statutes, behaving beyond one's authority, performing one's duty improperly or nonperforming one's duty, which must cause serious outcomes and there must exist a legal causality between the behavior and the resulted outcome. The subject of this crime is the state organ staffs who are qualified for two conditions: possessing the title of working in the state organs and conducting national public affairs by law. Subjectively, this crime may be committed either intentionally or negligently, but the conduction of this crime must be intentional.Thirdly, deliberate discussion on the judicial cognizance of crime of abusing power is to be carried out from three aspects: the constitution of crime of abusing power, the cognizance of crime of abusing power and the definition of crime of abusing power and misprision crime. It is pointed out in this thesis that practicing favoritism may be the subjective criminal motive of crime of abusing power or the goal of the behavior of abusing power. In addition, it may also be a legal aggravating plot of subjective and objective aspect, which appears both in intentional crime and in negligence crime.The causality of crime of abusing power, the subject conditions, the crime types as well as the cognizance of jobbery plots remain to be the feature of this thesis.