The Criminal Qualitative Research About Occupying Land Expropriation Compensation Of Organizations At The Grass-roots Level Personnel

Urbanization is the necessary route for the construction of socialist new countryside, in which accompanied by the Land expropriation and requisition.In the process of assisting the government issuing the land expropriation compensation,the rural grassroots organization personnel increases many opportunities to contact with large land payment and take it for your own. Despite the criminal law and related legislative interpretation have regulated this kind of crime in a certain, due to the regulation of the law’s ambiguity,the court facing the difficulty of qualitative for the behavior of grassroots organization personnel occupying land expropriation compensation in the judicial practice, as well as the public security organs and procuratorial organs investigation jurisdiction conflict. The existence of these problems not only affected the seriousness of law and the credibility of the court judging, and it is easy to intensify the contradiction between rural villagers and grass-roots organization staff, damage the relationship between masses and cadres, and influence the current rural social stability, which eventually hinder the process of the construction of new socialist countryside. The article in the perspective of judicial practice and the status of the trial of Dezhou in Shandong, discussing the the characteristics of the crime that the organizations at the grass-roots level personnel encroach on land expropriation compensation,firstly. Secondly,analzing the present situation of legal regulation of the land expropriation compensation behavior on the base of the related legislation and judicial interpretation; Then from the Angle of the four elements of crime constitution identified the behavior occupying land expropriation compensation in theory,including the extension of rural grassroots organizations and their staff,the scope of the rural land expropriation compensation,the administrative management behavior cognizance of basic-level organization personnel and the subjective fault of grassroots organization personnel in the process of occupying land expropriation compensation. And then analysis problems and solutions in the judicial practice for the punishment of rural grassroots organization personnel occupy the land requisition compensation behavior; At last, from the perspective of criminology and criminal jurisprudence, searching the the causes of crime and their corresponding solutions of the behavior that rural grassroots organization personnel occupy land expropriation compensation.