Rural Grassroots Organizations's Members's In The New Period Duty Crime In Applying Laws

This paper mainly analyzes several laws applicable difficulties and disputed points of rural grassroots organizations's duty crime,combined with judicial practice and related theoretical research.It strive to clarify related controversy, provide reference for Improving legislation and judicial and fighting rural grassroots organizations's members'duty crime effectively.The first part is characteristics and harm of rural grassroots organization's members's duty crime,as well as elaborating the important significances of solving these laws applicable difficulties briefly.The second part is the overall characteristics of rural grassroots organizations's duty crime in applying laws.The first is legislation or interpretation work is lagging,it can't satisfy the need of Striking and preventing duty crime related country;the second is the research content is relativly concentratd, but the research field is unitary recent years;because laws applicable difficulties and disputed points are too many,it's difficult to distinguish Crime and sin,this crime and that crime and light-crucifixion is severe.The third part is analyzing the legal application difficulty.,it's the core of this paper. The committee, the village party branch, the villagers groups and affiliate commissions, village economic cooperative organizations and the residents' committees can be the subjects. Meanwhile,the village organization also belongs to "other unit", "groups" in criminal law, its members can become the subject of malpractice crime. In object, it mainly analyzes division of involved crime of three kinds of land requisition compensation, the scope of collective property and specific money, how to deal with land yields, and how to deal when collective property is mixed with land compensation. In the objective aspects, this paper defines the standards and characteristics of official duty, analyzes the fact behavior, excessive behavior, program illegal behavior all belong to official duty,but entity illegal behavior is not official duty. It analyzed the autonomy behavior and collective economic management behavior.It's non-national workers taking bribes to Bribery or bribe to rural grassroots members. As to the village committee extract national funds by fraudulent means, it's convicted by different respectively treatment of funds.About the disduting of jurisdiction,this paper analyzed the current inaccuracies and unstable points existed.The fourth part is legislative proposals.It can be summarized some clear: clear the concept and scope of "unit", "group", "state functionaries" ,clear he concept and scope of official duty,clear rural grassroots organizations'members can constitute malpractice tort crime , clear committee can constitute unit crime,clear the crime of members of rural grassroots organizations should be prosecuted by procuratorial organs.