Rural Grassroots Organization Staff Duty Crime Legal Application Research

The cognizance of the scope of rural grassroots organization staff there have been many disputes in the practice,97 of the criminal law promulgated after the rural organizations at the grass-roots level of the staff out of the body of the state personnel, hit agricultural duty crime wanes. Promulgated in 2000 "the legislative interpretation on the body of the rural grass-roots organization staff explains. But the legislative interpretation explains there are 2, article 93 of the criminal law of the terms "villagers committees and village organizations at the grass-roots level personnel", "to assist the people’s government is engaged in other administrative work" fuzzy language, etc. To practice accurately identified the main body of rural grassroots organization staff identity brought a lot of trouble. In the face of the current rural grassroots organization staff corruption cases worse under the trend of the existing norms of criminal law has been difficult to regulation in the practice of the crime. In the main body in the work of rural grassroots organizations crime personnel a well-defined is analyzed under the present situation of research. In combination with the structure of rural grassroots organizations, to the legislative interpretation of "the villagers committee and village organizations at the grass-roots level" of the "grassroots organizations such as village" this concept to explain to expand. "In the legislative interpretation to assist the people’s government is engaged in other administrative work" this concept to explain narrowed.Besides preface and conclusion, this paper will be divided into the following three parts:The first part:the basic theory of rural grassroots organization personnel duty crime. This part is divided into three parts, the first part first defined the concept of rural grassroots organization personnel duty crime, the accurate definition of what is what duty crime, what is the rural grassroots organizations and rural grassroots organizations and personnel provide conceptual basis for further discussion. The second part combed through the criminal legislation of our country and the cognizance of the crime subject about the rural grass-roots organization personnel, through the analysis of legislative evolution of the for further analysis of the nature of state personnel below provides the basis. The third part expounds improve the system of personnel duty crime punishment of rural organizations at the grass-roots level, the significance of by analyzing the cognizance of the villagers’ group leader status, see understanding the legislative interpretation and application is of great significance to distinguish between crime and criminal responsibility.The second part:our country rural grassroots organization staff scope and the basic situation of duty crime. The second part through the principle analysis of rural grassroots organization staff the scope of the rural grass-roots organization staff. Sorting, huaibei city, anhui province, and analysis of the rural grass-roots organizations across the country staff’s basic situation of duty crime. The existing criminal law is not enough to regulate the increasing the status of the rural grassroots organization personnel duty crime.The third part to perfect the punishment system of our country rural grassroots organization personnel duty crime basic advice. Through the foreign relevant punishment system of social organizations at the grass-roots level staff duty crime is summed up the basic experience, found that foreign not multiple division of civil servants, but emphasizes the position of civil servants. Combining the reality of our country, puts forward perfect the legislative interpretation of path. Through the foreign relevant punishment system of social organizations at the grass-roots level staff duty crime is summed up the basic experience, found that foreign not multiple division of civil servants, but emphasizes the position of civil servants.