The Research On Prevention And Control Of Jobbery Crimes In The Contracted Management Of Rural Land Circulation

Crimes by taking advantage of duty are hidden dangers for harmonious society. The common people, especially the peasantry abominate those crimes in the proceeding of the transformer of land bitterly. Therefore, the author takes a research of these crimes on the basis of investigation and survey of province of Jiangsu, Shandong, Henan and Sichuan. The paper tries to reveal those crimes by taking advantage of duty in rural areas and to inquire into effective methods to suppress these crimes.The paper includes five parts.Part one relates the current situations of the land transformer in rural areas of China. The scale of the transformer in China is relatively small, but it has great prospect. The legal forms of transformer are multiple. The primary level power are increasingly becoming the negative factors to affect the transformer. And crimes of corruptions and economic rents are breeding.In part 2, after precisely define the words "public affairs" and "jobbery crime", this paper finds out that people in grassroots self-governing organizations can be confirmed as accomplice in jobbery crimes only when they are making inroads on national land circulation order, together with other people who are carrying out national public affairs. This helps us to know clearly about the unique subject in jobbery crime in rural land circulation.In part 3, three common circulation types in rural land circulation are carefully analized. From the research, this paper tells us that jobbery crimes usually exsist in the procession of circulation when it refers to Multi-stakeholder subjects or excessive force intervention by regulatory powers. Four typical characteristics can be concluded from the three types:special subjects, means concealed, complicated subjects and difficult to investigate.In the forth part, factors that cause jobbery crimes in rural land circulation have been analized and summarized. First, the imperfection of Market mechanism prompted crime market formation. Second, when considering crime cost theory, the low cost and relatively high earnings will probably stimulate crimes. Third, subjective value misplacement makes inaccurate value guidance. Fourth, the abusement of administrative power accelerate crime. And the last one is something of the imcomplete of external policy and legal environment causes more and more crimes.The last part is to start from a comprehensive governance perspective which focus on victim prevention. Throughout the perfect combination of internal control and external environment, we can make a thoroughly prevention and control of jobbery crimes in rural land circulation and seek for a best way to reduce crimes.