| China and CCP has constantly paying closely attention to rural construction and welfares offarmers, large quantity of national preferential policies and abundant projects fund wereintroduced to empower agriculture. However, some officials and village cadres embezzled,encroached national public property, even to engage in corrupt practices and neglect their duties.These criminal behaviors occurred from the area of compensation for demolition, agriculturalsubsidies, infrastructure construction and financial managements, as a result, the nationalpreferential policies are not fully taken into effect, so that they cannot really be preferential to thefarmers. Consequently, it has vital practical meaning to study the precautions ofagriculture-related crimes and try to eliminate these abuse-of-power crimes from the very source.This essay firstly depicts basic ideas of abuse-of-power crimes in the field of strengtheningagriculture and benefiting farmers as well as gives personal insight about these issues. At thesame time, it briefly explains about public choice theory and power restriction theory. Then itanalyses and gives deep understanding about5characteristics of duty crimes based on thegeneral information of related crimes investigated by procuratorial agency as well as the harmresulted from it. The5characteristics are as followed: diversity of subject of crimes, areassubject to funding beneficial to farmers, greedy crimes conducted in group stands out withpersistence, also crimes methods are diversified and hidden.Secondly, this essay analyses4reasons of abuse-of-power crimes in the field ofstrengthening agriculture and benefiting farmers using public choice theory and power restrictiontheory. The reasons are: in macro view, preventions are not guaranteed by law, power is notrestricted and supervised, in micro view, the mechanism of benefiting farmers’ policy has theloophole that let the lawbreakers take advantage in subjective perspective, duty crimes in theagriculture beneficial area have certain inevitability since people chase their own benefits to themaximum, in objective perspective, farmers lack right-protection awareness and functionaldepartments are not fully deployed.Last but not the least, this thesis develops4precaution strategies specifically based on theabove reasons. To be specific, firstly, national top-level design is necessary, relevant laws shouldbe improved, power restrictions and supervision system should be perfected. Secondly, modifyconstantly and try to cut the intermediate link by improving the managing mechanism of variousstrengthening agriculture and benefiting farmer’s funds. Thirdly, focusing on the key aspect,which relates to the cadres, like spread the spirit of legality to hearts by improving the ideological qualities of the cadres. In the end, building a social prevention structure since it’s asocial problem instead of the merely duty of prosecuting organs. That is to say, variousfunctional departments should each performs its own functions and become fully effective sothat they can truly contribute to the preventions of duty crimes in the field of strengtheningagriculture and benefiting farmers. |
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