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滥用职权在行政诉讼法和刑法中都有规定,但二者在界定和表现形式等方面不尽相同,给普通百姓以困惑。从法律的统一性来看,也给了法律执行者一个难题。如何使滥用职权行为在行政法领域和刑法领域能够统一、协调起来?这是理论界和司法实务界都应当关注的一个问题。行政滥用职权与滥用职权罪的衔接应当从作出正确的界定、表现形式的统一、司法审查标准的统一等方面着手。
Abuse of power is regulated in both the Administrative Procedure Law and the Criminal Law, but the two differ in their definition and form of expression, and they confuse ordinary people. In terms of the uniformity of the law, it also poses a problem for law enforcement officials. How to make it possible for the abuse of power to act in a unified and coordinated way in the field of administrative law and criminal law? This is an issue that should be paid attention to both by theorists and judicial practitioners. The link between administrative abuse of power and abuse of power should begin with making a correct definition, unification of manifestations, and unification of judicial review standards.