Qualitative Study On The Behavior Of Village Cadres' Fraud Demolition Compensation

Since reform and opening up,China's urbanization level rising.Especially in recent years,the government focus on promoting "shanty towns" and "old city" transformation is more accelerated this process.Land demolition work as one of the important link,the lack of a whole country at the macro aspects,and in order to move quickly around the work and a lot of "local rules",combined with the practice of the lack of effective supervision,and easy to breed various illegal and criminal behavior.Usually,the village committee is responsible for the demolition and relocation of local land,crops,housing and other basic data measurement report,statistics,etc,because of interest,often appear in the process,false,false,such as serious enough to constitute a crime.Middle has similar cases in practice,by contrast,the case of a crime,the differences between the means and the plot is not too big,but it appeared in the phenomenon of "different connection with the sentence",has caused great controversy in practice.Taking tu alleged abuse of power case as an example,discussed in view of the village cadres illegal built agree with others,and the false report defraud compensation question how the behavior of the qualitative as well as the applicable law,and the requisition of related questions in research,in order to provide reference for similar cases in practice.The thesis is divided into four parts:The first part,the basic situation of the case.This part mainly introduces the cause of action,the details of a case,the focus of disputes and disputes.Construction of tu agree with li mou and others illegal buildings and the construction of false report to defraud units compensation behavior qualitative,there are several differences,the first think tu make crime of corruption and abuse of power,combined punishment for several crimes.The second think its breaking the abuse of power crime and fraud.The third thinks,tu should be identified as crime of abuse of power as a whole.Comprehensive analysis of all kinds of disputes is mainly for the "national staff member","using the duty convenience","the purpose of illegal possession" of different understanding.Issues of this case is what on earth is to set up the behavior of the tu crime and whether people such as li mou to form a joint crime.The second part,the relevant legal analysis of the problem.Centering on the case,this section of the legal issues involved in discussion.First of all,clarify the connotation andscope of state functionary,think the distinguish standard is whether "in public",on the basis of the analysis of village cadres to assist the government during the demolition work belongs to the nature of the national office working personnel identity.Secondly,analysis the connotation of "by taking advantage of his" and the specific expression,as well as the difference between "position" and "work",tu in behavior are obtained by taking advantage of his conclusion.Furthermore,explores in practice how to decide whether behavior person has the purpose of illegal possession,the author thinks,should take the way of criminal presumption to the most reasonable and effective,and on the basis of reason and objective conditions,can't come to the conclusion that tu has the purpose of illegal possession.Finally,the tu with people such as li mou by whether the behavior constitutes an accomplice,and how to conviction for analysis.The author thinks that,on the basis of some common crime,said the two men should be condemned,the tu make crime of abuse of power,li mou constitutes crime of fraud.The third part,the analysis and conclusion to the case.According to the related legal theory analysis,the author thinks that,tu in the diddle units compensation to engage people belong to the national office working personnel and by using the position,but failed to presumption of the with the purpose of illegal possession.So only violate the crime of abuse of a tu,li mou and others constitute a crime of fraud.The fourth part,the research of the case.In combination with relevant data and cases,in the face of the serious situation of village cadres frequent crime,the author analyzes the main reasons of the crime of village cadres and put forward the corresponding countermeasures,including strengthening the village cadres thought prevention,strengthen supervision and other measures to curb,conviction and complicity cognizance of such cases is discussed and research,to look forward to the future judicial practice can carry on the accurate qualitative to the similar cases.