Zhang Zhi Cai Embezzlement Case Analysis

At present, with the further reform of political system and economic system in China, and with the entry of the graduate into village officials, the rural-level management team is constantly growing, the phenomena that the rural-level management team exercise the manage, ment duty in rural public affairs in place of the government in certain fields, becomes more and more obvious. the Duty Encroachment Crime committed by rural-level management officials go up quickly which affected and hindered the development of rural economy, caused the growth of group petition events, having a serious impact on the relationship between the party and the masses, causing bad effects on the stability of the countryside, seriously restricting the rapid development of rural economy. But because the current law and judicial interpretation of the relevant provisions about the Duty Encroachment Crime committed by rural-level management personnel can not meet the needs of the judicial practice, some crimes such as the corruption, misappropriation of land acquisition compensation and other special funds of some members of the rural-level management personnel can not be executed for the lack of explicit law provisions, or some were acquittal or sentenced to lighter punishment. All those practice lead to some criminal cannot be protected and the justice of law and authority are not realized. It is meanless to discuss this problem.there are three parts in this paper:I start my paper by review this case. This part takes "Zhang Zhicai embezzlement case" as the starting point of the whole case, after review, put forward the focus of controversy in this case. The second part, the focus of dispute of this case analysis. This part mainly on the basis of the first part, some controversy involved the case one by one legal analysis, including the "subject of crime", "using the convenience of duty", and "the amount of crime" determination and analysis. The third part, combining the legal analysis of the case in the second part, offers a comment on the final result made by the law court and some legal reflections and puts forward the main problems existed in the Duty Encroachment Crime committed by the committee at rural-level management and the relevant advice, in order to offer help in the understanding and mastery of the duty encroachment crime committed by rural-level management personnel in the. judicial practice.