滥用职权罪主体资格探析

司法实践中,社区基层组织成员滥用职权,致使公共财产和人民利益遭受重大损失,能否构成滥用职权罪,在司法实践和刑法理论界均存在争议。文章用真实的案例,对社区基层组织成员如何适用全国人大常委会的两个立法解释,以及是否具有滥用职权罪主体资格进行了分析。

Analysis on Main Qualification of Crime of Abuse

In judicial practice,there is a dispute in both judicial practice and theoretical circle of criminal law on whether it can constitute the crime of abuse that the abuse of members of the community - based organizations re- sults heavy losses to public property and the interests of the people. In this article, the author makes an analysis with real cases on how the members of the community - based organizations are applied to the two legislative interpreta- tions of NPC Standing Committee and whether they have the main qualification of the crime of abuse.