The subject of the crime of abuse of power usually refers to what is the crime of abuse of power and how to identify the crime of abuse of power

Hello, the criminal subject of the crime of abuse of power is a special subject, that is, a staff member of a state agency.

1. What are state agency staff:

“State agencies” refer to the state’s power agencies, administrative agencies, judicial agencies and military agencies. "Personnel engaged in public service" refers to persons who exercise certain powers and perform certain duties in the above-mentioned state organs, that is, state cadres. However, those who engage in labor work in state agencies do not fall into the category of state workers. "Talking to state workers" includes three aspects:

(1) Personnel engaged in public service in state-owned companies, enterprises, institutions and people's organizations. That is, people who have operational and management responsibilities or perform certain duties in companies, enterprises and other units.

(2) Personnel assigned by state agencies, state-owned companies, enterprises, and institutions to non-state-owned companies, enterprises, institutions, and social groups to perform official duties. That is, in some Sino-foreign joint ventures, cooperative enterprises, and joint-stock enterprises with state-owned assets, managers stationed by state-owned companies, enterprises, or other relevant state-owned units in order to exercise management rights over the participating state-owned assets.

(3) Other personnel engaged in official duties in accordance with the law. According to the provisions of the Standing Committee of the National People's Congress on the interpretation of Paragraph 2 of Article 93 of the Criminal Law of the People's Republic of China and the People's Republic of China, members of village committees and other grassroots organizations in villages assist the people's government in the following administrative work, which falls under Article 93 of the Criminal Law of the People's Republic of China. "Other persons engaged in public duties in accordance with the law" as stipulated in the second paragraph of Article 93:

Disaster relief, rescue, flood prevention, special care, poverty alleviation, immigration, management of relief funds and materials;

Management of funds and materials donated to public welfare undertakings;

Operation and management of state-owned land;

Management of compensation fees for land acquisition;

Collection and payment on behalf of others Taxes;

Related to family planning, household registration, and military recruitment;

Assist the people's government in other administrative work.

2. The concept of the crime of abuse of power

The crime of abuse of power refers to the crime of abuse of power by state agency staff who exceed their authority and illegally decide or handle matters that they have no authority to decide or handle, or handle matters in violation of regulations Official duties, behavior that causes heavy losses to public property, the interests of the country and the people.

3. How to determine the crime of abuse of power

The following issues need to be paid attention to when determining the crime of abuse of power:

1. The provisions of this article on the crime of abuse of power belong to In addition to common law provisions, this law also provides for other special crimes of abuse of power, namely special provisions. When state agency staff abuse their power and violate special legal provisions, they may also violate the common law provisions of this article. In this case, the crime should be determined in accordance with the principle that special legal provisions are superior to ordinary legal provisions, that is, it should be recognized as a crime stipulated in special legal provisions and not as a crime of abuse of power.

2. To establish the crime of abuse of power, there must first be an act of abuse of power. If the perpetrator did not abuse his power and handled matters entirely within the specific scope of his power, it cannot be deemed a crime of abuse of power. The second requirement is that the behavior causes significant losses. Abuse of power that does not cause significant losses cannot be deemed as a crime of abuse of power.

3. The perpetrator used his power to embezzle and defraud the public property, which is essentially an abuse of power. If his corrupt behavior also causes other public property, the country and the people If the interests suffer heavy losses, the crime of abuse of power and the crime of corruption are committed at the same time, which is an imaginary conflict, and it is appropriate to choose one felony or the latter as punishment.

4. If an actor accepts bribes from others and then abuses his power to seek benefits for others and causes heavy losses to public property, the interests of the country and the people, he is guilty of the crime of abuse of power and the crime of accepting bribes at the same time. .

If detailed information is given, a more detailed answer can be given.