Research On The Identification Of The Village Director Helping The Villagers To Cheat Land Requisition After Collecting Property

Currently, with the development of urbanization process in China, many areas appear land and other projects levy. The operational processes of these projects are basically: the developer signs a contract with the local township government. The heads of Village assist the town government in land measurement, compensation paid work. Because of huge interest, villagers and village cadres often mendaciously land area, compensation fraud and other cases. The plots of these cases are different, which in addition to multiple charges involving outside, sometimes involving several common forms of crime and crime problems. They are extremely complex, often similar to the different time, or in the different places, the same case could not be the same judicial treatment. And the defects are great.In this paper, Zhang and Wang suspected fraud together. Analyze the villagers and the village director’s crimes, pointing out how the applicable law, similar cases to give guidance. And such phenomena often seen in the land acquisition are also be analyzed, to propose some legal measures.The article is divided into four parts:Part I is a brief introduction to the circumstances of the case. And list the case of disagreement. That is, there are differences of the defendant Zhang and Wang’s conducts. On this basis, the focus of controversy summarize the case for the following aspects: the case in Zhang and Wang should be how to qualitative? A crime or crimes?Part II is the combination of the case. On the theory of knowledge, expand the focus of controversy involving discussion, namely. The first, define the connotation of “taking advantage of one’s position”. In this case the controversy about the offense of fraud in an alleged land compensation fraud, bribes and embezzlement, etc. Defining the three charges, mainly analyze the connotation of “taking advantage of one’s position”. The key is to distinguish between the behavior of people because of fraud and embezzlement, bribery and embezzlement of whether the use of his position; the second, to identify the meaning of common crime contact. The dispute in the case is whether the villagers are common crime. Through the analysis of the case as a whole. In order to solving the dispute about whether the two defendants are common crime. There is a need to discuss the meaning of contact in a common crime theory. Therefore, the article analyzes the position of the meaning of specific liaison in the accomplice theory. From its meaning, as well as the establishment of the elements characteristic of view, given the identification method; the third, after the implementation of the fraud commission of the crime for help a few people recognized. The keynote is focusing on the implicated relationship. Final conclusion is Zhang’s bribery and fraud are not implicated in behavior and purpose of the act. Implicated relationship is not established between the two acts, and everyone establish a separate crime.Part III is the analysis and conclusions of the case. Integrated earlier, thinking over the focus of the case involving the three disputed, respond to every one of them. The defendant Wang and Zhang have no common criminal intention liaison. They do not set up fraud accomplice, nor an accomplice in the crime of corruption. While the behavior of the defendant Zhang is in line with the elements of bribery and fraud. Zhang were convicted as a criminal and should implement graft. The defendant Wang not use its managerial positions of public property, but to use his powers to Zhang’s “Needing help for matters” and constraints affecting the convenience, and afterwards accepted money, constituted bribery.Part IV is the revelation of the cases. This section mainly has the following three points: first, pointing out that the reasons for these cases, including the low cost of crime, laggard laws and regulations and light legal awareness of relevant personnel. Second, for these reasons, giving solutions to prevent them, including observing the criminal policy of combining punishment with leniency, improving the supervision system and strengthening the village cadres law education. Third, we should take care to identify the land involved in the field of charges implicated problem. After the judicial practice, we can implicated original crime included as other condition.