Corruption And The Practice Of Job Occupation Crime Boundary Points

Since our country to set up the villagers’ committee, villagers’ autonomy, the countrysideeach enterprise get rapid development, but also has a part of the phenomenon of villageofficials violate the interests of the villagers. Especially in recent years, village cadres, takingadvantage of one’s position of collective land acquisition compensation cases have occurred,seriously violated the interests of the villagers. How this kind of behavior qualitative oftenplagues by judicial staff. Part of people think should constitute corruption, make joboccupation crime. Others think it should be Due to corruption and job occupation crime intheory and in practice there are a lot of similarities, so very confusion, produce miscalculation.Based on this, this article selects a typical case of this kind of crime, namely the weekend oneembezzle the rural collective land compensation case to corruption and job occupation crimeboundaries of practice research, theory with practice, in order to make the two boundariesclear, accurate understanding of the two crimes have make. It is of great importance for ourcountry’s judicial practice.This article is divided into five parts, a total of about fifteen thousand words.The first part is sponsored by the weekend some people such as Shared out the ruralcollective land compensation case.The second part is the introduction of the case. Weekend some accomplices allegedlyused his convenient conditions for villagers’ committee, director of the post, misappropriationof land compensation, is people’s procuratorate on suspicion of corruption, and don’t think theweekend a constitute corruption, the people’s court ruling made a job occupation crime,sentenced to three years, three years of probation.The third part is the disputes and disagreements. Criminal suspects some one howqualitative behavior is the focus of controversy to the case. A view that constitutes corruption,a view that constitutes a job occupation crime. Think some constitute corruption are the mainreasons for the weekend: some one as a villagers’ committee director, have entrusted to assistthe people’s government is engaged in administrative work, belong to China’s criminal lawprovisions of the "other persons who perform public service according to law", can becomethe subject of corruption. The state issued after land expropriation compensation, belong tothe state public property management, villagers’ committee director in assisting thegovernment to conduct official business activities such as land requisition in use position, misappropriation of land compensation, according to article382of the criminal law of thePeople’s Republic of China should be guilty of embezzlement. Think the weekend is a form ofjob occupation crime reason: land compensation have been issued and the compensationobject, village collective economic organizations, not the state, compensation has entered intothe villagers committee collective accounts, it belongs to the village collective property rightnow, no longer has the nature of state-owned property. As recycling management of villageaffairs, director of the villagers committee position misappropriation of village collectiveproperty, damage to the village collective economic organizations in the village work is thebehavior of the property interest, should constitute a job occupation crime.The fourth part is legal analysis, is the focus of this paper. At first, for this case involvesthe specific charges of corruption and job occupation crime, the author analyzed the generaltheory, make readers to a global understanding of the two crimes. Followed by a shared outcollective land compensation in some case specific analysis. Mainly from two aspects, one isdirector of the villagers committee,2it is the nature of the rural collective land compensation.The fifth part is the study conclusion and revelation: land compensation payment to thevillage, after entering the village finance, its nature is working people collective property, theproperty belongs to the non-state-owned property. Some one use at this time as a villagers’committee, director of the village collective asset management position, misappropriation ofvillage collective property, damage to the village collective economic organizations in thevillage work is the behavior of the property interest, should constitute a job occupation crime,rather than corruption. Case some one from its main body status, criminal suspects by or fromthe transaction and the attribute of property, the crime is composed of job occupation crime.And put forward the concrete measures to improve the rural land expropriation andmanagement system.