Villagers Committee Bribery Of Criminal Law

According to the provisions of the existing criminal law, relevant legislations and judicial interpretations, the members of village committees and other primary-level organizations, in assisting the government to undertake the seven specified administrative works, are regarded as "other persons engaged in official business in accordance with law". If they take advantage of their positions to ask for and illegally take other people's property, they will be convicted and and punished for accepting bribes.But for the briberies that occur when the members of village committees and other primary-level organizations engage in collective operation and administration within the self-governing scope of the villagers, they should be convicted and and punished for accepting bribes in their capacity as the staff of companies, enterprises or other work units, namely, "non-state worker" bribery. However, due to the particularity and complexity of the autonomous system of the village committee, in the judicial practice, and the identification of specific cases, we often encounter the confusion of whether the case is "non-state worker" bribery or not, the confusion of this crime and bribery, the crime of duty encroachment and other accusations, the puzzles about the dertimination of the components and the filing criteria for this crime. Moreover, with the increasing development of the socialist market economy, the subjects commiting crimes of corruption are presenting the style of two poles and multiformity. In the context of accepting bribes, the public attribute of the word "unit" is gradually fading. It is more of an economic entity free from the control and dominaiton of public power and survives in civil society, which thus makes it possible to encounter diverse new problems in the determination the specific cases in the judicial practice.This thesis studies the regulations of criminal law on the members of village committees and makes a comparative analysis of the revelant accusations.It is expected that the thesis would be helpful to resolve these puzzles.