Research On The Legislative Perfection Of The Crime Of Abuse Of Power

The crime of abuse of power is a new crime in our 1997 criminal law.The establishment of such a crime further perfect the system of the crime of dereliction of duty,effectively solves the problems that more and more national staff’s abusing power behavior can not be convicted in the practice.To a certain extent,It could inhibit the growth of corruption and promote the process of social legalization.However,the 1997 criminal law mergers the crime of abuse of power and the crime of dereliction of duty in 397 th,that causes the legal provision is too simple and two crime characteristics are very fuzzy,thus inevitably leads to a theoretical disputes and problems in the judicial practice.In order to promote the legislation of the crime of abuse of power and resolve the practice problems,this article through to summarize and analyze the defect of legislation of abuse of power and then put forward the legislative suggestions on perfecting the crime.In the part of the legislative overview of the crime of abuse of power,primarily introduces the development process from scratch,analyzes legislation mode and legislation situation.In the part of the legislative defect of the crime of abuse of power,the author discusses three defects in detail.The first is the crime legislation pattern defect.The crime of abuse of power and the crime of dereliction of duty are combined in the same law in 1997 criminal law.And the use of the form is concise count,this legislation leads to the constitutive elements of the crime very fuzzy,caused theory controversy.The second is the elements of the crime defect,the legislation is too simple.The subject of crime,the subjective guilty of crime,manifestation of behavior elements are not clear,also caused controversial issues.The author will expound the conditions existing problems.The last is the penalty settings defect,the penalty of the crime of abuse of power in China has single type and lighter than other crimes.These problems all need further adjustment and improvement.In the part of the foreign legislation study and reference on the crime of abuse of power,mainly in several legal development is relatively developed countries for example,separately from the national crime of abuse of power’s law,and our differences,differences in the cause of formation three aspects carries on the analysis,comparison.Through the analysis on the various defects of abuse of power crime legislation,as well as the comparison and reference on the foreign legislation of the crime,the author suggests our country establish the crime of abuse of power as an independent legal provision,and select syrian-out counts to describe each component,and improve the crime punishment setting,increase the qualification penalty and fine penalty.