On Determination Of Criminal Subject When The Rural Primary Organization Personnel Are Suspected Of Embezzlements And Bribery

The recent years, it appears a trend of escalation that the rural primary organization personnel are suspected of economic crimes of embezzlement and bribery. There were 3837 personnel of the rural primary organization who were suspected of guilt of embezzlement and bribery only in 2007. However, among judicial workers, there has been much dispute over this problem. And solution of this difficult problem is dependent on two following questions. One is whether the rural primary organization personnel could become the criminal subject of the embezzlement and bribery crimes; The other is which the rural primary organization personnel could belong to "village Basic-level organization personnel such as the village committee" stipulated in the legislative explanation. Both two questions center on the relation between quasi-national staff and the rural primary organization personnel. To study the problem whether or not the rural primary organization personnel become the state quasi-staff member, is concerned directly with whether or not the rural primary organization personnel could become the criminal subject of the embezzlement and bribery crimes as well as the legal responsibility and sentence of the rural primary organization personnel. This article tries to carry on the elaboration from following several aspects:First, there is some dispute over several cases.At the beginning of this article, several cases are presented, in which the countryside Basic-level organization personnel are suspected of the embezzlement and bribery crimes. The cases are involved in a problem that the village commission member, the village party branch member as well as the village collective economy organization personnel are suspected of the embezzlement and bribery crimes. By analysing examples, argument's focal question is obtained that: Could village Basic-level organization personnel belong to "other personnel who is engaged in public affairs according to the law", such as the village committee become quasi-national staff?Second, it is discussed that subject identity of the countryside Basic-level organization personnel who are suspected of the embezzlement and bribery crimes.In order to reveal accurately the relation between state quasi-staff member and the rural Basic-level organization personnel, the extent of quasi-national staff is defined at first. Analysis of some theories, the standard of judging the extent of quasi-national staff is obtained, that is whether they are engaged in public affairs according to the law. "Performing public affairs" is the substantive characteristic both of the state staff and the state quasi-staff member. The rural Basic-level organization personnel could belong to state quasi-staff member when they are engaged in public affairs according to the law. In terms of this meaning, those personnel may become the criminal subject of the embezzlement and bribery crimes.Third, the extent of the rural Basic-level organization personnel is discussed.By judging the nature of the rural Basic-level organization personnel's criminal subject, the author advocate that the primary mission of the village party branch and the member of village panel could belong to "other personnel who are engaged in public affairs according to the law" when they assist the government in being engaged in seven events stipulated in the legislative explanation.Fourth, analysing cases combining with the above legal theories .By analysis of the above legal theories, above cases, in which the rural Basic-level organization personnel are suspected of guilt of embezzlement and bribery, may be defined, and questions of the crime and the non-crime, this crime and other crime are differentiated.