The Research On The Investigation And Prevention About The Occupational Crime In The Land Acquisition And Compensation

With the development of industrialization and urbanization, there are about 4 million land occupied legally, more than half of which are cultivated land. Now, legal right of the people whose land has been requisitioned are always violated, the reasons for which are various, such as the low land compensation, the well-funded Social Security System, especially illegal act of some government employee, as occupying, seizing ,sharing out, embezzling or diverting such compensation when they engaging in the land acquisition and compensation. The occupational crimes in the land acquisition and compensation should be detected, punished and prevent otherwise which will be not conductive to keep the social harmonious and stable.The article is divided into four parts with about 30 thousand words.The first part is a summary of the occupational crime in the land acquisition and compensation. Firstly, this part introduces the concept and the constitutive elements and the manifestation of the occupational crime in the land acquisition and compensation. Secondly, the characteristics of the crime is also introduced, in the view of the subject of crime, the object of crime, the means of crime, the affection of crime and so on. Finally, this part analyzes the reasons for the crime. The subjective reason mainly is lack of education, weak political quality, mature laws and regulations, and strict supervision mechanism. The objective reasons are unfunded system of land acquisition and compensation, the concentration of power, the irregular management of country, the imperfection mechanism of supervision, the insufficiency of fight against crimes.The second part is about the investigation tactics of the occupational crime in the land acquisition and compensation. Designing an investigation tactics should follow such principle as legal, scientific, flexible and secret. There are macroscopic and microscopic tactics. The macroscopic tactics are the awareness of leader, the support of Party committees, the integration of capabilities, the intensification of strategic awareness, the conversion of investigation thought, shift weight of investigation forward, connection of traditional and technological method of investigation, temper justice with mercy with making difference, giving prominence to key points according to individual case. The microscopic tactics are designed from four points: taking confession from criminal suspect, obtaining evidence, capturing the suspect, utilizing and suppressing counter-investigation. The third part is devoted to seek the protection of the occupational crime in the land acquisition and compensation. Based on the reasons of the crime, in this part, the author presents some suggestions, as popularizing moral and law education, standardizing the procedure, building up and improving the system of country, intensifying supervision, combing punishment and prevention.