The Empirical Study Of Village Cadres' Duty Crime In Chizhou

With the fast development of national economy and acceleration of urbanization, our government pay more and more attention to issues of agriculture and the overall level of the rural economy is steadily improving, consequently, agriculture-related duty crimes come out in an inexhaustible variety.In recent years. The Supreme People's Procuratoraen paying highly attention to the investigation, punishment and prevention of agriculture-related duty crimes. Actually, the key of agriculture-related duty crime is village cadres' duty crime.How to summarize these unique characteristics and the reason. and to find out effective way to prevent village cadres' duty crime has been a new task in forcing the construction If grass-root party and preventing agricultural duty crime in new period.Chinese criminal law does not specify on duty crime of village cadres clearly, or the village cadres is not the subject of duty crime. In legislative interpretation, the village committee members engaged in a specific seven acts, seen as a national staff, with the conditions of the main body of the crime, constitute a crime. From the composition of the village cadres duty crime, the main body scope of the village cadres duty crime is wide, apart from committee members, group of villagers, the village collective economic organization and management personnel, college-graduate village official, also including the combination with the village cadres, joint crimes of ordinary personnel.In addition to a small number of crimes of dereliction of duty, the object of the crime is usually a complex object. The specific performance of the village cadres duty behavior and the legitimate rights and interests of the infringement, the objective aspect of the village cadres duty crime is the basis for the classification of village cadres Chizhou city,as the central and Western Underdeveloped Regions, in the past five years, the characteristics of the village cadres' duty crimes are mainly reflected as following; The alleged offense, mainly in corruption, bribery, embezzlement, corruption and crime, especially in the most prominent gang crime, the number, the impact of large, serious consequences, criminal subject prominent, "a" crime phenomenon is prominent, pipe material in possession of the money to enjoy a real job of village cadres crime is high, crime methods are simple but subtle, penalty relatively gently, for many of the six characteristics of probation. Chizhou City, village cadres crimes have become agriculture related crimes "disaster". The main reason is that village cadres self-discipline is poor and lack of ability to resist the face of temptation, and the mechanism of rural grassroots campaign in our country is not perfect Although the realization of public participation, the election system there are still many loopholes to avoid. In recent years, the supervision of village cadres continue to increase, but the supervision is far from satisfactory with blind areas. The provisions of the existing laws on the village cadres' duty crimes still have some shortcomings, which directly lead to the high level of the village cadres' duty crimes, harm the rural economic development, political, social stability and the development of rural culture.Through the analysis of the above reasons and hazards, the prevention of duty crime of village cadres must start from the system. First, it is necessary to perfect the relevant legislation, such as criminal law and criminal procedure law system, to strengthen efforts to combat the job-related crimes of the village cadres and the effectiveness of prosecution. Second, it is to improve the rural legal education system and the legal consciousness of village cadres. We should correct the officials' motivation, cultivate villagers' conception of rule, strengthen external supervision. Third, it is to establish an open and fair selection mechanism, and constantly improve the entry threshold of village cadres. Forth,it is to improve the regulatory system of village cadres from the financial system, the functions and powers of the configuration, reporting and other ways. Fifth, it is to improve the welfare system of village cadres, village cadres do not want to rot fundamentally.