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我国的滥用职权罪立论于结果无价值论,属于典型的结果犯。但是,与一般结果犯不同的是,该罪仅以“重大结果”为犯罪成立要件,即只有致使公共财产、国家和人民利益遭受重大损失或者情节特别严重的滥用职权行为才是本罪的规制对象。国家通过立法手段,政策性地提高了该罪的入罪门槛,将事实上具有法益侵害性的行为予以非犯罪化,致使一部分滥用职权行为被放纵,此举有违现代刑法的实质正义理念和法益保护原则,不利于预防和打击渎职类犯罪,有待修法予以完善。
The crime of abusing power in our country is a result of typical non-theory of value. However, contrary to the general result, the crime is set as a crime only with “major consequences”, that is, only abuses that result in heavy loss of public property, the interests of the country and the people, or the circumstances are particularly serious The object of regulation. Through legislative means, the state has increased the threshold of criminalization of the crime in a policy manner, decriminalized the de facto infringement of the interests of law and interests, resulting in the indulgence of a part of abuse of authority. This is in violation of the concept of substantive justice of modern criminal law and The principle of legal protection is not conducive to the prevention and suppression of crimes of dereliction of duty and is subject to revision by law.