Study On The Rural Grass-roots Organization Staff's Post Crimes

With the deep reform of Chinese political and economic system, the rural grass-roots organization staff is to manage the rural public affairs and to an extent execute administrative functions of the state for the Chinese government.Especially in recent years, with the frequent strike of the natural disaster in China, the rural grass-roots organization staff's duty is expanded to assist its government to manage the relief funds and materials, but some village cadres with low consciousness take this opportunity for corruption, misuse of relief funds and materials. However, the problem is that there exist big disputes in judicial trials because of the complexity of the special provisions for countryside basic-level organization staff and the overlapping of crimes in objective aspects. ThusThe present thesis, taking the case of countryside basic-level organization staff embezzling fundsand articles for disaster relief as example, deals with the difficulty of judicial definition for countryside basic-level organization staff's post crimes and suggests how to overcome the difficulty of tackling criminal patterns caused by a village official—Improve the relevant legislation on post crime.The first part,mainly introduces the case of corrupting disaster relief funds for rural grassroots organization staff and its trial results, and points out the focus of controversy during the trial.The second Part,The chief aim of this part is to analyze the focal controversy in the case for rural grassroots organization staff's corruption.The conceret ways as following, First, identify Ma's special status working as an village officer. Second, analyze on whether Ma misuses the convenience of his post at work..Third, futher analyze whether Wang,despite no special identification in the judicial trial, his defraud of disaster relief fund from Ma depending on Ma's convenience in the post constitutes the common corruption crime. Fourth,make out whether, before enjoying the ieagal rights to manage the relife funds for Ma, Wang's and his overstating the disaster strike to cheat out of the relief funs constitutes the crime of defraud or that of corruption. The third part stimulates the difficulty of judicial definition for the rural grass-roots organization staff by analyzing the case of corrupting disaster relief funds.lt also solves these difficult issues through legislation or judicial interpretation.The concluding part sums up the The present situation of post crimes by the rural grass-roots organization in China.If want to effective punish the post crimes of the rural grass-roots organization staff.we should accommodate legislation and judicial practice to the social development.