Study On Legal Issue Of Embezzlement Crime Of Village Party Branch Secretary

In recent years,with the rapid development of the rural social economy,the material resources in rural areas are gradually enriched,and the village party branch secretary books have more and more economic resources,such as the decision-making power of the introduction of projects,and the expansion of economic resources will inevitably bring about the expansion of power.There is no doubt that the power extended by some village branches is necessary to check and balance,and what checks and balances should be adopted is a problem.As the village party branch secretary is not a real national worker,it is an easy problem to bring it into the crime subject of the crime of embezzlement and punish the village branch with corruption.Besides,in addition to the criminal law clearly stipulates that the village party branch secretary's special behavior constitutes the crime of embezzlement,the village party branch secretary has other infringement of the state property.It is against the principle of a legally prescribed punishment for a specified crime to incorporate the act of honesty and integrity of public officials into the constitution of corruption.In this case,the power of the village branch is abused,the village branch book corruption and the power rent-seeking are more and more,especially in the fields of the management of the compensation for the land expropriation,the transformation of the village in the city,the state appropriation,the tax and the agricultural benefits,and so on.The corruption of the village branches has caused the economic loss to the state and destroyed the state.The rural economic development,these adverse consequences and the adverse effects caused by them deserve our attention.Taking the case of Liang Yong embezzlement case of Liang Ying Village,Yingquan District,Fuyang,Anhui,this paper discusses the judicial cognizance in the crime of corruption in the village party branch secretary,which is caused by the case,in order to solve the dilemma of judicial cognizance and punish the perpetrator for the purpose of punishment.The author collects and analyzes the main body of the village party branch secretary in the crime of corruption.In the dispute of the objective behavior and subjective purpose,the conclusion of the crime of embezzlement by the village party branch secretary Liang Yong was finally obtained,and the relevant legislative proposals were put forward,hoping to do the best for the work of preventing the crime of corruption in the village branch.This article is mainly composed of five parts: the first part mainly combs the case of the collective funds of the embezzlement village of Liang Yong in Liang Ying Village,Wu Ming Town,Anhui Province,and analyzes the problems existing in the punishment of the corruption of the village party branch secretary in the judicial practice around the focus of the dispute in the case,mainly including the subject and objective of the crime of corruption.The three problems of behavior and subjective purpose;the second part,mainly about whether the village party branch secretary can become the subject of the corruption crime,and study the basis and reason that the experts and scholars put forward when supporting their views and the reasons why the crime is difficult to regulate the village party branch secretary.The third part mainly revolves around the village party branch secretary book greedy.The determination of objective behavior in the crime of pollution crime is analyzed,the theoretical dispute about the objective behavior of the crime of corruption in the village branch in China is analyzed,the way to deal with such cases in foreign countries and the conclusion throughcomparative analysis in China and foreign countries are made to make the corresponding adjustment.The fourth part is the subjective structure of the crime of encircling the corruption of the village party branch secretary.The qualitative problem of the constitutive requirements is discussed,and the regulation mode of the crime of corruption in the village branch is arranged in the domestic criminal law and judicial practice,and the conclusion is drawn through the comparison with the foreign countries.The fifth part,in view of the problems appearing in the case and the reasons for the problems,puts forward the thinking and puts forward the pertinence,the author thinks about it and raises targeted improvement measures.Through the above discussion,the author believes that,although according to the theoretical views of the relevant scholars and the in-depth analysis of the law,the village party branch secretary taht is Liang Yong can be identified as a crime of embezzlement,but in judicial practice,the identification of corruption in the village party branch secretary is often attributed to the conflict of theoretical views and the complexity of the actual situation.Therefore,it is imperative to strictly investigate and prosecuted the corruption crime in rural village party branch secretaries,formulate strict criminal law regulation mechanism and perfect the punishment mechanism for illegal acts.