Study On Several Problems Of Duty-Related Crime By Countryside Official

The countryside official of People’s Republic of China is the general name of leaders and managers ofthe rural autonomy organization headed by secretary of village branch of CPC and head of villageneighborhood committee. So far, China’s countryside officials who lead more than900million farmershave reached to7million people. They are the link between the government and grassroots as well as thepeople who publicize, execute the principles and policies of our party and country, maintain the order oflife and production, build and preserve communal facilities and enterprise, and play a significant role in thevillage’s development. With the development of rural economy and society and the acceleration ofurbanization process, the farmers possess more resources and the countryside officials possess moreinvisible power. Nevertheless, many countryside officials who are subject to weak confinement ignore therestriction of law, wantonly accumulate the wealth, and finally commit a duty crime for corruption andbribery. The increasing duty-related crime of countryside officials damages the construction of thegrassroots political power, blocks the process of democracy and government by law in rural China, restrictsthe development of rural collective economy, and obstructs the promotion of rural social moral constructionand new moral fashion. In this paper, we analyzed the present situation of the duty crime in which thecountryside officials are often suspected of being involved, which are mainly about official crimes againstproperty, such as corruption, funds misappropriation and bribery, etc. Moreover, how to prevent and punishthe countryside officials’ duty-related crime was discussed in this respect of criminal legislation andjudicial application, and finally, the other control measures to prevent and punish the village countrysideofficials’ duty-related crime was brought up.The paper was divided into four parts except for the introduction and conclution.Part I: The overview of the countryside officials’ duty-related crime. This part firstly defined theconcepts of the countryside officials, the countryside officials’ duty-related crime, and then pointed out thataccording to the different origin of the countryside officials’ duty power, the countryside officials’duty-related crime is divided into the illegal encroachment and misappropriation while administrating thevillage autonomy affairs and the rural collective economic affairs, the corruption and appropriation whileassisting the government to engage in certain affairs. Secondly, this part summed up the characteristics of the current countryside officials’ duty-related crime and the damage by means of abundant cases and data.In order to understand the legal characteristics of the subject of duty-related crime in depth, this part alsoanalysed the characteristics of subject, subjective aspect, object, objective aspect of the countrysideofficials’ duty-related crime from the perspective of the criminal elements.Part II: The criminal law of prevention and regulation of the countryside officials’ duty-related crime.In order to prevent and punish countryside officials’ duty-related crime, China has established acomparatively perfect system of the legislation, in which some regulations are not perfect, for example, themain legislative interpretation is not clear; countryside officials bribery behavior is not guilty, etc.Therefore, in this part, the author proposed suggestions for clearing legislative interpretation applicablesubject, perfecting the crime of disrupting elections and the crime of illegal profiteering for relatives.Part III：Several applicable law problems about the countryside officials’ duty-related crime. Basedon judicial practice and related theoretical research, this paper mainly analyzed several applicable lawdifficulties and dispute focus about countryside officials’ duty-related crime. In addition, the author holdthat we should, on the basis of the provisions of existing laws and legislation interpretation of the spirit toclarify these differences, accurately determinate the crime subject range, distinguish the distinction of crimeand innocence and the distinction of crime of this kind or that. Furthermore, this part focused on thedemonstration that the members of the committee, the village party branch, and other personnel couldbelong to “other personnel who are engaged in Public affairs according to the law”. At last, this part gave amore detailed discussion on how to deal with the questions about the countryside officials’ embezzlement,the mixture of collective property and public property infringed by misappropriation.Part IV：Other measures of preventing the countryside officials’ duty-related crime. According to thereasons for the countryside officials’ duty-related crime, including poor awareness of the law, imperfectelection and recall system, absence of monitoring system and so on, the educational measures on how toprevent the village cadres’ duty-related crime perfectly, the measures on how to improve election and recallsystem, how to enhance the supervision system and perfect village management mechanism were raised toenhance the effect of prevention and punishment of countryside officials’ duty-related crime.