Characteristics Of Duty Crime,Generating Mechanism And Countermeasure Researches Of Expropriation Of Rural Land

It is a fact that most peasants in China rely on their land. With the development of urbanization and new rural construction, governments step up investment on rural construction , which leads to a bigger demand of rural land. In the process of expropriation of village land, the cases of jobbery crime are frequent to occur and seem to be out of control, which causes a quite passive effect in society. And as a social hot topic, the seriousness of such jobbery crime have been an primary and tough issue for the agency of land resources management. Moreover , due to the specialness of such problem, it often involve with a large number of relevant people. Some mass disturbance will perhaps break out if not dealt with very well. The phenomena such as appealing to the central authorities for help, suing governments, conflicting with developers produce more passive consequences than themselves, which reflects a serious problem affecting social steady.Our Communist Party and government make active measures to solve such similar problems, which to some degree, produces noticeable effects. For example; In Febrary,9 2010, The Supreme People's Court claim On Suggestions How to Implement the Criminal Policy of Tempering Justice with Mercy , which regulate accurately that state functionaries will be punished severally if they cause major damage to people's interest.With the reference to a great amount of pioneering, authoritative information and the basis on the research of practical cases, the author summarize up the jobbery crime in the field of expropriation of village land through historical, empirical and interdisciplinary study, and try to come to obtain common characteristics among relevant jobbery crime, and finally put forwards personal suggestions for preventing such jobbery crime.This thesis can be divided into four chapters with the total words of 3,6000.Chapter one is the summary for the jobbery crime in expropriation of village land. This chapter analyzes briefly the basic concept of the jobbery crime in expropriation of village land from the perspective of Law Economics, which constitutes theoretical foundation for following parts.Chapter two is about characteristics and damage of the jobbery crime in expropriation of village land. In light of research figures and practical cases, this thesis gives an elaboration on current situation mainly by qualitative and quantitative methods.Chapter three starts from the basic view held by Materialistic Dialectics and explores comprehensively the reasons of jobbery crime in such field from the superficial level to the deep level.Chapter four is about the punishment and prevention of such crime. According to Baron de Montesquieu ,"a good legislator cares more how to prevent crimes than how to punish crimes, and how to motivate a good social environment than how to implement punishment". This part analyze how to build up a punishment and prevention system for the jobbery crime and mainly discuss about how to construct a system to prevent the tendency to commit such crime.