The Countryside Basic-level Organization Personnel Duty Crime Criminal Law Is Suitable The Research

With the continued decentralization of public administration function of the Government, staff of the villagers ’ committees and other grass-roots organizations in assisting Governments in implementing public administration play a more and more important role in the process, while at the grass-roots organizations making use of the terms of reference of the anti-social behaviour has become increasingly acute. But because awareness of the imperfection of the legislation and not uniform, on the subject of duty crime of village grass-roots staff application of criminal law there is a big difference, leading to ineffective combat. Village party branch and village groups and villagers ’ committees and under the public security Committee, by bodies such as the Association of rural grass-roots organizations, which at the most grass-roots staff working in administration according to law, should be based on "national staff". Simply enumerates several classes of unit crime in legislation, and grass-roots organizations in rural areas are not included, but in fact the rural grass-roots organizations in essentially no different from legislation explicitly the subject of unit crime should also constitute a unit subject of crime, and criminal liability can also be used as units personnel be held criminally responsible. Dereliction of duty subject to the duties currently being experienced from the identity theory theory change at the rural grass-roots organizations to assist the Government in the exercise of public powers abuse their powers, neglect their duties meet the requirements of subject of crime of dereliction of duty in nature, should form the subject of crime of dereliction of duty. In legislation Shang should around "corporate" this a nature features will rural grass-roots organizations personnel, law engaged in corporate of personnel into to national staff on the of category, and around units crime nature features will rural grass-roots organizations, organization into units crime subject category, and around "public power" this a nature features will exercise public power of rural grass-roots organizations personnel, into of dereliction of duty subject range, to effective combat rural grass-roots organizations personnel positions crime.