Research On Legal Application Of Duty Crime In The Field Of Lands Acquisiton And Demolition

The particularity and the complexity of lands acquisition and demolition makes the issue of legal application of duty crime in this field chaotic and contentious. This article tries to discuss the issue from the following several aspects:The first part analyzes each subject of duty crime in the field of lands acquisition and demolition, and determines that the nature of the state functionary is engaged in official duties according to law. Members of party branch, leaders of groups, members of the committee, accountants and cashiers are all basic staff of rural organizations, who are engaged in administrative work to assist the people’s government as same as state functionaries. They have the main body status, which will settle the problems of the main difficulty in judicial practice.The second part firstly introduces all kinds of compensation payments. This part secondly affirms the natures of different types at different stages of land expropriation compensation one by one and analyze whether those can be the objects of duty crime. Finally, it concentrates on qualitative discussion while the compensation of village collectivity and its own funds compound. The above three aspects will resolve the difficulty of criminal object recognition in the judicial practice.This third part makes research on defraudation of the compensation of lands acquisition and demolition by internal and external collusion, which is a common type of joint crime. According to the two case involved in the current judicial sentence, this part analyzes and compares corruption, bribery and abuse of authority one by one to distinguish whether to constitute a crime of defraudation, then concludes that it doesn’t constitute crime of fraud.The fourth part firstly analyzes the reasons why jurisdiction of the duty crime conflicts, that is to say, difficulties of discrimination of primary and secondary sin and the unknown nature of the case. This part puts forward a solution endowing procuratorates extensive investigation power to resolve jurisdictional conflicts from two aspects of the principal amount and qualitative properties of primary sin.