Research On The Present Situation Of The Duty Crime Of Land Acquisition And Demolition And Its Countermeasures

The crime of land requisition and demolition is an inevitable phenomenon in the process of urbanization construction.The occurrence of this kind of official crime is in sync with the economic development and judicial development in the area where the case was made.In any city,to realize the rapid development of urbanization,it is inevitable to put land acquisition and demolition work in a very important position.Similarly,the judicial work carried out around the overall situation of economic construction must also pay attention to and study the legal issues that occur during the land acquisition and demolition process.The author once served in the urban area,land acquisition and demolition job crime once rose.In the process of investigating cases,whether it is the investigation and evidence collection or the review of the trial stage,various views have been encountered and differences have been encountered.The first part of the article mainly introduces the summary of the duty crimes of land requisition and demolition.First define the definition of land acquisition and demolition,and then from the concept of job crime,three main concepts of job crime are derived from the common point of view,and then the concept and characteristics of job crime of land acquisition and demolition are discussed.Then,it points out that the harm of the crime of land requisition and demolition is Omani-directional,not only endangering personal interests,but also endangering the investment environment,undermining the economic construction of urbanization,and even endangering the credibility of state organs and judicial organs.The second part of the article first expounds the situation and causes of the crime of land requisition and demolition.Firstly,the paper analyzes the current situation of land acquisition and demolition duty crimes from the aspects of more concealment and complexity in crime means,diversification in crime subject,compensation for land acquisition and demolition,and subjective intent of crime.Secondly,the paper analyzes the reasons of the status quo of land requisition and demolition from the aspects of the weak legal consciousness of village cadres,the insufficient awareness of villagers 'rights among elected village cadres,and the lack of understanding of the crime of dereliction of duty.The third part of the article focuses on discussing the difficulty of applying the law to the crime of land requisition and demolition.The first question is whether members of village grassroots organizations(including members of village committees,village party organizations,and villagers 'groups)are suitable subjects for the crime of land acquisition and demolition.The second question is the second paragraph of Article 93 of the Criminal Law of the People's Republic of China(hereinafter referred to as "the Criminal Law"),the interpretation of Article 93,paragraph 2,of the Criminal Law of the People's Republic of China by the Standing Committee of the National People's Congress(hereinafter referred to as "the Interpretation")and the Supreme Law.The relationship between the approval of qualitative issues(hereinafter referred to as "approval")discusses the differences in the understanding and application of these three in judicial practice.The third question is how to define "other people who are engaged in public affairs according to law","assist the people's government in other administrative work" and "management of land requisition expenses".The fourth problem is the constitution of the crime of dereliction of duty of state functionaries in the crime of land requisition and demolition.The fourth part of the article discusses the prevention countermeasures of the crime of land requisition and demolition,and gives countermeasures from three aspects: system,education and supervision.In particular,the paper discusses proposals that are more operable in terms of scientific selection,strict employment,social security,comprehensive supervision,and openness and transparency,with a view to providing administrative,judicial,social security,and psycho social aspects.In order to find an effective solution to the crime of land requisition and demolition in the central district of Liuzhou City.