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派出所社区保安在法律主体上虽未列入国家机关人员编制但在国家机关中从事公务的人员,其在协助公安民警执法时,本质上是在代表国家机关行使职权,其从事的是公务行为而非个人行为。其在执行公务过程中,利用职权将押送的犯罪嫌疑人殴打致伤,是滥用权力的行为,侵害的客体是国家机关工作人员职权行为的正当性,应认定为滥用职权罪。
The police station community security personnel who have not been included in the establishment of state organs but who are engaged in public affairs in the body of the public security organs of the police station are essentially acting on behalf of state organs in the enforcement of their duties and are engaged in official activities Non-personal behavior. In the course of carrying out official duties, the use of authority to escort the criminal suspects assault is an act of abuse of power. The object of infringement is the justification of the authority and authority of staff members of state organs and should be affirmed as abuse of power.