Research On Application Of The Law About The Agriculture-related Duty Crimes Committed By Staffs Of Grassrootsorganizations

Since the introduction of reform and opening-up policies, the economy of China has been significantly developed, and the pace of urbanization has been increasingly accelerated. However, China is still a large agricultural country no matter from the viewpoint of economic structure or demographic structure. There are great practical significance and profound strategic significance for China to strengthen the construction of the clean and honest grass-roots government in the rural areas which is advantageous to the agricultural modernization and rural long-term prosperity and stability in China. The agriculture-related duty crimes committed by staffs of grassroots organizations, such as villagers committee, which directly endanger the interests of the nation and the peasants and do great harm to public society, are important factors causing social instability. So this problem has attracted widespread attention. Nevertheless, there have always been controversies in the judiciary in terms of scope of the subject matter, nature of the behaviors and application of law, which to some extent affects the crackdown against the agriculture-related duty crimes. Therefore, in order to resolutely crack down such crimes, not only is the positive functions of the judiciary in the current legal framework needed, but also the continuous amendments and improvement of relevant laws and regulations by the legislature based on the experience of the judicial practice are needed, since the improved laws and regulations could provide the judiciary with excellent legal weapons, thereby maintain the hard-core crackdown on this kind of crimes and safeguard the long-term prosperity and stability in rural areas. Based on the discussion of the related theories of such crimes, this paper seeks to focus on the practical exploration. Thus, it will analyze the characters, principles and application of relevant laws of this kind of crimes through looking into the agriculture-related duty crime cases handled by Linyi People's Procuratorate in 2010. Furthermore, this paper will give advice on the improvement of legislation in hope of providing practical opinions for the legislation and judicial practice in the future.