Research On The Corruption Crime Of Rural Primary Organization Officials

Since the 18 th National Congress of the Communist Party of China,the determination of Central Committee of the Communist Party of fighting corruption is increasingly unswerving,whose anti-corruption determination and will power is powerful and steadfast,the senior corrupt officials and junior corrupt officials are punished at the same time from the central government to the rural areas.However,the junior corrupt officials are more harmful to ordinary people's interests and benefits than the senior corrupt officials.Under the circumstances,our country lacks a special mechanism of prevention and comprehensive control.Therefore,the research of crimes committed by junior officials at the grassroots level has been gradually becoming a hot topic in society.The paper is based on empirical analysis,whose empirical materials come from the judgement documents of Beijing,Shanghai,Hubei and Guizhou in“China judgments online”,and investigations on official duty crimes at the primary-level organizations in Sichuan in recent years.The paper first clarifies some common issues of criminal law in judicial practice,then analyzes the underlying causes of corruption crimes committed by village officials at the primary-level organizations,eventually,prevention measures on the basis of revealing current situation and characteristics of corruption crimes are put forward.This paper consists of seven parts:The first part is the introduction,which introduces the research background ?significance?current situation in China and foreign countries and research methods.The second part introduces the common types of rural primary-level organizations and draw a conclusion that village Party branch committee,Subcommittee of VillageCommittee and Village Group belong to the rural primary-level organizations.In addition,the special identity of village party branch secretary are defined.The third part defines the village self-governing affairs and the state affairs.The paper comes to a conclusion that although village officials at the primary-level organizations have duple legal identities,thus resulting in some judicial practical problem of judging affair nature.The provisions of criminal law can be more accurately applied in judicial practice as long as the nature,range and time nodes of government authorization are grasped.The fourth part based on the analysis of Sichuan and Beijing,Shanghai,Hubei and Guizhou official duty crimes data in recent years draws five characteristics of corruption crimes committed by village officials at the primary-level organizations,namely,the crime subject mainly consists of village party secretary and village committee director,widespread joint crimes,higher incidence of corruption crimes,wide crime range,high corruption amount and greater social harmfulness.The fifth part analyzes corruption causes of in primary-level organizations,which mainly includes the following aspects:insufficient management system and vacant supervision system,weak legal awareness,disordered finance management,virtual village affairs disclosure system,low wages for village-level officials,unsound prevention mechanism and insufficient punishment.The sixth part proposes eight prevention measures base on the above criminal reasons:establish specialized mechanisms of comprehensive prevention and control,promote and improve the "First Secretary" in the village,learn from "Penglai model" of public supervision,establish specialized system of news supervision,increase legal system promotion and socialized re-education,improve village affairs disclosure and village financial management system,establish more complete public reporting system,establish a standard job subsidies mechanism for improving the treatment of village officials in the primary-level organizationsThe last part,namely,the seventh part,is the conclusion of the paper,which looks forward to the prospect on corruption prevention of village officials at the primary-level organizations based on Supervision Law of People's Republic of China.