Qualitative Study On The Village Party Branch Secretary's Behavior Of Compensation Funds By Deception

Although the crime of corruption and fraud are two different kinds of crimes,there are similarities between them,for example there is some overlap between object and behavior,which is often difficult to distinguish in practice.Especially in recent years,China's urbanization process accelerated,due to land acquisition and demolition of the criminal cases arising from endless,but the handling of the case around the problem is corruption cases and fraud cases,malfeasance cases are not allowed to grasp,qualitative differences.This paper belongs to case analysis paper.The author intends to discuss the theoretical problems involved in a typical case,and draw a reasonable qualitative,hoping to provide a good reference for dealing with the same type of cases in the future?This paper consists of four parts,excluding the introduction,which contains more than 20000 words.The first part is the basic situation of the case.The content has the case introduction,the difference opinion,the author through analyzes the difference opinion,Refining the summary of the controversy in this case focus.The focus of controversy in this case there are four: first,Whether the defendant Ran Mou feng belongs to the national staff;second,the defendant Ran mou feng whether the use of the duty convenience;third,he defendant Ran Mou feng is either successful or attempted;fourth,Whether the defendant Ran Mou feng through the "fictional fact,to hide the truth" way to profit.The second part is the legal analysis of related issues.This part mainly analyzes the legal theories involved in the controversial focus of the last part.First,Through the analysis of the relevant theories of the national staff,it is concluded that the "official theory" should be used to determine whether it belongs to the national staff;second,Through the analysis of the use of their duties,in order to define the context of corruption,"the use of their duties";third,identified by the impact on the analysis of the crime of fraud the understanding of the factors,the victim doubt does not affect the establishment of the crime of fraud;fourth,Through the analysis of the attempted crime,the crime of fraud is not only the standard.The third part is the analysis and conclusion of this case.This part is through the analysis of the focus of controversy in the theory,draw their own ideas,specific analysis of the case involved the problem that in the case of Ran mou feng belong to the national staff,the act does not constitute a crime of corruption,but the crime of fraud,and the case should be the housing demolition compensation is actually occupied by the perpetrators of fraud for the crime,that is,the financial allocation of the demolition of the account to the perpetrator,Because the room for real estate,property rights should be transferred to the person when the crime was committedThe fourth part is the inspiration of this case.Through the case study to draw some inspiration,that in practice,The the national staff is different from the crime of embezzlement and fraud,and the key to the effective distinction between the two is Whether it use of their duties,We are in the qualitative to be considered in order to be accurate and qualitative.