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目前,我国处于转型时期,市场经济体制还不健全。非国有单位人员利用职务的便利滥用职权的行为常有发生,且呈蔓延之势,这些行为因不符合滥用职权罪和国有公司、企业、事业单位人员滥用职权罪的构成要件,而又没有其它罪名与之相对应,不受到刑法的处罚。这反映了我国刑法较重视公共利益和国家利益的保护,而忽视了小团体利益和个人利益的保护。为了更好地惩罚非国有单位人员滥用职权的行为,保护非国有单位的合法利益,我国刑法应增设非国有单位人员滥用职权罪。
At present, our country is in a period of transition and the market economic system is still not perfect. The behavior of non-state-owned units using their positions to abuse their powers is a frequent occurrence and is spreading. These acts are not in conformity with the provisions of the crime of abusing power and the crime of abuse of power by state-owned companies, enterprises and institutions, The charges correspond to them and are not penalized by criminal law. This reflects that the criminal law in our country places more emphasis on the protection of the public interests and national interests, while neglecting the protection of the interests of small groups and individuals. In order to better punish abuse of power by non-state-owned units and protect the legitimate interests of non-state-owned units, our criminal law should increase the crime of abuse of power by non-state-owned units.