What is the crime of abuse of power by state-owned enterprise personnel? The abuse of power by state-owned enterprise personnel constitutes the crime of abuse of power. What is the constitution of the crime of abusing power? (1) object of crime The object of this crime is the normal activities of state organs. (II) Objective aspect of crime The objective aspect of this crime is abuse of power, which has caused great losses to public property, the state and people's interests. (III) Constitutive elements of the subject of the crime The subject of this crime is the staff of state organs. State organs refer to state power organs, administrative organs at all levels and judicial organs at all levels. (IV) Subjective aspect of crime The subjective aspect of this crime is intentional. The actor knows that his abuse of power will cause great losses to public property, the interests of the state and the people, and hopes or allows this to happen. Net Bian Xiao will introduce you to this point. If you are not clear about this, please call our online lawyer directly.
Legal objectivity:
(1) Object Elements The object of this crime is the normal activities of state organs. Because the staff of state organs deliberately overstepped their functions and powers, a specific work of state organs was destroyed, and the interests of the state, the collective and the people were seriously damaged, thus endangering the normal activities of state organs. The object of this crime can be public property, and it can also be the person and property of citizens. (II) Objective Elements The objective aspect of this crime is abuse of power, resulting in heavy losses to public property, the state and the people's interests. Abuse of power refers to the illegal exercise of duties and powers, that is, activities that violate the purpose of duty behavior for improper purposes or by illegal means on matters that formally belong to the general duties and powers of state organs. First of all, the abuse of power should be the abuse of the general post authority of the staff of state organs. If the behavior carried out by the actor has nothing to do with his general post authority, it does not belong to abuse of power. Secondly, the actor either carries out his duty behavior for improper purposes or by illegal means; In the case of carrying out duty behavior for improper purposes, even if the behavior method is not beyond the authority, it also belongs to abuse of power. Finally, abuse of power violates the purpose of duty behavior, or violates the purpose of duty behavior. Abuse of power is mainly manifested in the following situations: first, exceeding the authority, arbitrarily deciding or handling matters that have no specific decision or handling authority; Second, playing with authority and making decisions or handling matters at will; Third, deliberately failing to perform the duties that should be performed, or giving up the duties without authorization; Fourth, abuse power for personal gain, jobbery, and improper performance of duties. Abuse of power causes great losses to public property, the interests of the state and the people, which constitutes a crime. The so-called heavy losses refer to the heavy material losses and non-material losses caused to the country and people. Material loss generally refers to personal injury and heavy loss of public and private property, which is an important basis for identifying the crime of abuse of power; Intangible loss refers to serious damage to the normal activities and reputation of state organs. To determine whether there are significant losses, we should comprehensively analyze the actual situation of material losses and non-material losses in accordance with judicial practice and relevant regulations, and determine the responsibility of the directly responsible personnel according to their terms of reference. According to the "Provisions on the Criteria for Filing Cases Directly Accepted by People's Procuratorates" issued by the Supreme People's Procuratorate 1 September 6, 1999 (for Trial Implementation), if it is suspected of one of the following circumstances, it shall be filed: (1) caused more than1person to die, or seriously injured more than 2 people, or slightly injured more than 5 people; (2) Causing direct economic losses of more than 200,000 yuan; (3) Causing relevant companies, enterprises and other units to stop production, suffer serious losses or go bankrupt; (4) Seriously damaging the national reputation or causing adverse social impact; (five) other circumstances that cause heavy losses to public property, the interests of the state and the people; (six) favoritism, one of the above circumstances. There must be a causal relationship in criminal law between abuse of power and the result of causing heavy losses. The causal relationship between abuse of power and serious harmful results is complex, with direct and indirect reasons; There are primary reasons and secondary reasons; There are leaders' responsibilities, and there are also the faults of those directly responsible. Those who constitute this crime and should be investigated for criminal responsibility refer to acts of abusing their powers and causing serious harm. Otherwise, it generally does not constitute a crime of abuse of power, but it belongs to the wrong problem in general work and should be handled by the administrative department. (III) Subject Elements The subject of this crime is the staff of state organs. State organs refer to state power organs, administrative organs at all levels and judicial organs at all levels. Therefore, the staff of state organs refer to those who are engaged in official duties in people's congresses and their standing committees, people's governments at all levels, people's courts at all levels and people's procuratorates according to law. (IV) Subjective Elements This crime is intentional subjectively, and the actor knows that his abuse of power will cause great losses to public property, the interests of the state and the people, hoping or letting this happen. Judging from judicial practice, indirect intentional harmful results are more common. Whether the perpetrator abuses his power for his own benefit or for others' benefit does not affect the establishment of this crime.