本文认为,在行政执法领域中,相关人员使用不正当手段诱使他人违规,而后再以国家工作人员身份取证查处,继而在整个执法行为结束后从中获取利益,此种行为触犯了刑法第三百九十七条的规定,符合刑法犯罪构成要件,应以“滥用职权罪”对其追究刑事责任。 This article argues that in the area of ​​administrative law enforcement, the relevant personnel use improper means to induce others to violate regulations, and then take the identity of the national staff to take evidence to investigate and deal with them and then obtain benefits after the entire law enforcement act is ended. Such acts violate the 300th article of Criminal Law The provisions of Article 97, which are in line with the constitutional elements of criminal law, should be investigated for criminal responsibility by “abusing their authority”.