A Study On The Definition Of The Crime Of Corruption In Rural Grass-roots Organizations

In recent years,the rural grassroots organization personnel suspected of duty crime by taking advantage of their positions frequently,which has attracted extensive attention from the academic community.Due to the incomplete identification of the subject identity of the rural grassroots organization personnel and the blurring of the boundary between the rural grassroots organization personnel and the rural grassroots organization personnel in assisting the government in other administrative management,the judicial practice is often in the crime of corruption and the crime of embezzlement.This paper is a case analysis paper,mainly through the case of wang suspected of corruption as an example of the analysis,found the existence of the case of the two focal points of the dispute,and the two focal points of the analysis of the rural grass-roots organization personnel constitute the crime of embezzlement and crime of occupation of detailed analysis,finally put forward the author's thinking and Suggestions.In terms of structure,in addition to the introduction,the article is divided into three parts,which are carried out according to the logical relationship of successive layers:The first part is the brief of the case and the focus of the dispute.Based on the different views of the prosecutor,the defender and the court on the criminal facts of the case,this case summarizes the two focuses of dispute.The first focus of the dispute is how to determine the nature of the reclamation fund of earthquake damage that wang took advantage of his position to occupy 460,000 yuan;the second focus is how to determine the nature of the compensation of land occupation that wang took advantage of his position to occupy262,400 yuan.The second part is the application of law and case analysis.Respectively from corruption and job occupation crime,list the relevant content and constitutive requirements of criminal law,through the case of two disputed points respectively from behavior subject,behavior patterns,behavior object respectively through the case analysis,finally it is concluded that using Wang Mou position to occupy 460000 yuan to earthquake destroyed reclamation funds should constitute corruption,using Wang Mou position to occupy 262400 yuan land occupied for compensation shall be the conclusion of job occupation crime.The third part is the thinking and suggestion,respectively from the countryside basic-level organization personnel subject identity defined difficulty and behavior content properties define the difficulty of rural grassroots organization personnel duty crime judicial cognizance of the problems put forward thinking,and combining with the inspection act and the 19 th meeting of the fourth plenary session of the spirit will standardize rural grassroots organization personnel duty crime put forward rural grassroots organization staff completely into the scope of "national staff member" and perfect the rural grassroots organization governance system suggestion.