On The Duty Crimes Of Village Officials

Village official duty crime is one of the largest "stumbling block", the new rural construction because of the complexity of village official status and management affairs, the judicial organ for investigation village official position crime has some problems:the criminal law formulated in1997doesn’t. Put the village official into the duty crime’s Subjeet areas;The interpretation of legislation adoPted in2000also only generally listed that villagers committees and other grassroots organizations are national staffs when they engaged in seven sPeeifie acts,and they can constitute duty crimes. But many other questions aren’t formulated, which are that community organizations include which other organizations,In addition to the seven acts,other behaviors can constitute the duty crimeornot,if they can’t constitute the duty crime,they constitute which crimes.but the awakening of citizens rights consciousness, request to crack down on corruption around are very strong, the conflict is increasingly widespread attention. Village official duty crime research needs to be a comprehensive, systematic research.To research Village officials’ duty crime, for the first, we need to definition he status and range of village official.On the behavior of village officials duty crime,because of village officials involving in kinds of work,so when analyzing the behavior of the village offieials.whether to be duty erime or not,we should strietly distinguish the nature of the work.This Paper argues that village official can constitute the duty crime only when they woke in accordance with the law,when they engaged inself-government services and business activities in the village,they used their Position to engage in criminal acts,they constitute the misappropriation,crime of misappropriation of funds and non-national staff accepting bribes.Article from the perspective of duty crime of criminal law, combining with the theory of criminal policy, by the hunan xiangtan county village official position crime within the jurisdiction of data as the research foundation, in a specific village official position crime case, describes the characteristics of village official position crime, all aspects of economy, analyze the village official duty crimes in the field of system, legal, social and cultural aspects of the deep personal objective reasons and subjective reasons,follow the crime control theory "can not""not dare""not want to" the internal logic of pursuit. Put forward three countermeasures of prevention of duty crime, namely legal prevention, social prevention and subject prevention.