| The village committee meeting and the village Party branch have the important effect in the field of development of rural economy and public affairs , this two organizations at the grass-roots level help the local government to be engaged in a little the administration job also more and more many , therefore, also, whose member sometimes enjoys a little authority of office , has certain post. The village shifts criminal act that can mix the real life into middle a village member of Party branch , ought how to be convicted after all, is that the judiciary is engaged in problem often come across by branch really.Angle the main body of a book is carried out mainly from the judiciary, draw support from a village Party branch deputy secretary ganging up with others to gain enterprise by cheating having house dismantled and move out wasteful case , the dignity analysing the member who has expounded and proven the village Party branch detailedly when helping the government to be engaged in the administration job , character demanded by the important condition grafting crime and crime of accepting bribe formation, graft the upper convenient import making use of post in crime , composing crime of fraud to crime of fraud regulation and corporal punishment theory to the Certain person called Wang behavior defrauding structural fundamental crime make of , reaching the behavior people combining with our country corporal punishment ultimately.The main body of a book is allotted together for four parts:Part I is case introduce that. Essentials has introduced that village Party branch deputy secretary is Certain person called Wang ganging up with a certain person called Li , Certain person called Zhang has adopt the fee lying about the enterprise equipment number and adopt false receipt to cheat country enterprise of equipment having house dismantled and move out , paid fact to Certain person called Wang 50,000 yuan of favour fee law case later by Certain person called Zhang.Part II is this case focal point. The case focal point concentrates capital on several the following aspect mainly: Do (one), when Certain person called Wang leads the enterprise equipment being responsible to clear up a job as having house dismantled and move out clearing up a group, if whose dignity belong to government staff members? (Two), is 50,000 yuan of favour fee of Certain person called Wang gains to belong to "common property " or "others property "? When (three), Certain person called Wang gangs up with a certain person called Li , Certain person called Zhang to cheat a country reparation of money, whether having made use of upper facilitating of post or not? (Four), does Certain person called Wang behavior compose He crime?Part III is a dispute and divergence about face to face this case idea. About that Certain person called Wang behavior composes He crime,have mainly being unlike an idea three kinds: One kind of idea thinks that Certain person called Wang behavior composes corruption crime. Second kinds ideas think that Certain person called Wang behavior composes crime of accepting bribe. Third kinds ideas think that Certain person called Wang behavior composes crime of fraud.Part IV is that the legal principle to this case is analytical. This part is the main body of a book priority. First, pass the boundary to government staff members stablely, it's dignity belongs to government staff members when Certain person called Wang leads conscientious enterprise equipment to clear up a job as having house dismantled and move out clearing up a group,; The secondary , Certain person called Wang gang up with a certain person called Li , Certain person called Zhang to adopt the fee lying about the enterprise equipment number and adopt false receipt to cheat country enterprise of equipment having house dismantled and move out , pay the others property belonging to common property , not belonging to crime of accepting bribe compose what important condition requires that to Certain person called Wang 50,000 yuan of favour fee later by Certain person called Zhang; Once again, have passed expounding checking the upper convenient import making use of post in grafting crime , have expounded and proven facilitating on Certain person called Wang behavior and the post not making use of the person, therefore, Certain person called Wang behavior is not composing corruption crime , final, ought to compose crime of fraud according to the Certain person called Wang behavior having defrauded the detailed fundamental constructionism, certificate putting the blame on. The finality , author in article are based on the joint offense sort principle , think that a certain person called Li , Certain person called Zhang behavior compose the crime of fraud joint offense together with Certain person called Wang behavior.
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