Research On Several Problems Of Abusive Crime

Since 1997 crime of abuse had been gradually revised and improved in Chinese Criminal Law. Crime of abuse in the provision of more than a decade, state personnel use just a concrete manifestation of a crime by more subtle and more complex, for these hazards functioning of state organs, acts against the interests of the people, to carry out criminal culpability unified, accurate and suitable for the crime of abuse of power, can effectively curb the powers beyond, abuse and other criminal behavior. But this crime appear in judicial practice more and more problems, because the first of the provisions of this sin is too general, rising from charges of crimes classified into class crime is rare. According to the basic theory of crime constitution were investigated in terms of constituent elements and there are many differences. Crime of abuse because of their particularity the subject of crime, in reality, often cause great harm, crime or other identified issues has led to a lot of people on charges of felony makes the application of light punishment to avoid legal sanctions. However, many criminals can not be convicted because of legislative defects and problems of judicial application. To this we should deeper meaning of abusive crime such as the deeper relations between this crime and criminal procedural law and penal allocation and the accusation. Firstly this article reveal criminal essence of abusive crime from its concept; secondly it interpret constitute elements of this crime; thirdly it analyze judicial disputes of this crime; lastly it proposes legislative suggestions. This paper constitutes the crime of abuse of crime and qualitative issues, combining judicial practice problems, from abroad on the basis of the provisions of proposed legislative provisions to improve the proposal. The author believes that should change the traditional perspective of the crime of abuse in order to explore the development of the vision of the intrinsic value of this crime, under the guidance of the theory of criminal law, in accordance with the basic principles of statutory crime, the reconstruction of the crime legislation to better curb abusive crime and protect citizens’legitimate rights and interests. At the same time, through referencing scientific experience we should construct combined types of abusive crime so curb them about different crime plot and subject thus reflect pertinence and stability at law.