Identification Of Duty Crime Of Grass-roots Autonomous Organization

In the process of promoting the rule of law and democracy, more and more by the needs of the public affairs officer rural grassroots autonomous organizations to handle or assist the government by its handle, economic empowerment of rural grassroots autonomous organizations expanding rural grassroots organization staff becoming the corruption and bribery of high-risk population. But in this kind of crime, the rural grassroots autonomous organizations who are not national staff in the legal sense, and therefore finds whether to assist the Government to perform their duties to become a key qualitative convicted of such crimes. However, due to complicated affairs grassroots organizations to assist the Government to fulfill between official and village affairs are not particularly clear and precise boundaries, in the course of implementation as well as extortion and other illegal acts, then the nature of the person's behavior will be more difficult to identify.In this article, the author intends by means of a real case in place in rural areas, the use of research methods theory and practice, based on the actual situation of China's rural areas, for cases involving "Other Legal Public Functionaries", "used his position it will be " and " theory of public property " in-depth analysis and research.Paper is divided into four parts, a total of about 22,000 words.The first part: the basic circumstances of the case. Including the cause of action, case reports, disagreements and disputes focus of four parts.The second part: Analysis of legal issues. Firstly, this part of "Other Legal Public Functionaries" law stipulates that sort, then explains the basic theory, according to the law and the basic theory to arrive at a specific range. Secondly, in the "advantage of his position of" writing part focuses on the comparison of the crime of corruption, embezzlement and accepting bribes in "taking advantage of his position," the similarities and differences. Finally, "public property" of the specific range defined.The third part: case analysis and conclusion. This combined with the specific section of the foregoing facts and legal analysis, the conclusion of the case: Lee, who belong to the "Other Legal Public Functionaries", having to use the village safe production supervision of his office,should belong to illegally embezzle village collectively owned public property, constitute the crime of corruption.The fourth part: Revelation case studies. Through the analysis of the cases involved in the case to draw certain conclusions for the future in similar cases to provide guidance, help in such cases is recognized in judicial practice, timely and effective punishing criminals.