Reflection On The Crime Of Abuse Of Authority From Chen’s Case Analysis

The crime of abuse of authority has been gone through a developing and perfecting process since its amendment in1997. With the development of economy and society, the abuse of authority is becoming more and more common. Meanwhile, the crime of abuse of authority has been often committed among the public functionary, which has taken a big share in the cases of dereliction of duty. At the same time, divergence appears since the ambiguous demarcation of the crime of abuse of authority. Therefore, the conviction of the crime to a doer has always been a trouble in the judicial process. The enormous harm caused by abuse of authority has been known to all. However, the ambiguous demarcation of the crime of abuse of authority has caused the alleviation of some crimes and even the escape from penalty. Those phenomena have terribly harmed the interests of the country and the people. The ambiguous demarcation of the crime has badly influenced the development of the economy and society.Based on the theory available and given research fruits, this thesis will analyze the conviction of abuse of authority from typical case. The author of this thesis will try to manage and settle the divergence, provide suggestions to some ambiguous law terms and clarify the judicial procedure, which would help dealing with such cases in the future.