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随着社会主义新农村建设逐步地深入推进,村级基本组织协助基层政府管理社会发挥着越来越重要的作用。那么,在村干部履行职责过程中,不正确定履行职责给国家集体造成重大损失,能否以滥用职权罪定罪处罚。在司法实践中很难达成统一意见,本文试图从滥用职权罪的四个构成要件加以分析与探讨,并着重讨论滥用职权罪主体以及恶劣社会影响。
As the building of a new socialist countryside progresses step by step, it is playing an increasingly important role for village-level basic organizations to assist grass-roots government in managing the society. In the course of fulfilling the duties of the village cadres, therefore, it is not correct to assign duties to the state as a result of major losses caused by the collective, and whether it can be convicted and punished for abusing power. In the judicial practice, it is difficult to reach a unified opinion. This article attempts to analyze and discuss the four constitutional elements of the crime of abuse of power, and focuses on the subject of abuse of power and the adverse social impact.