| As the core strength of rural gross-roots governance,rural gross-roots organizations are the important extension of the party and state governance system network,as the hub that closely links public power with farmers.For a long time,the party and government have attached great importance to rural construction and development.However,at the same time that rural grassroots organizations have undertaken a lot of construction work,there has also been abuse of power.Rural grassroots organizations use their facilities to commit crimes,causing frequent loss of collective assets,violating the vital interests of farmers and disrupting rural social and economic order.Because of rural grassroots organizations generally do not have independent management functions for agricultural funds,in practice they often obtain it by deception.Therefore,the qualitative problem of defrauding agricultural property is an important part of the application of the law in the case of job-related crimes of village grassroots organizations,and it needs urgent analysis and solution.In order to solve the problem of qualitative behavior of rural grassroots organizations in defrauding agricultural funds,the characteristics and rules of disputed cases in practice should be tapped.Empirical research has found that such cases mainly have the following characteristics:The first,the main subject of the crime is the cadres of the two village committees,and the proportion of joint crimes is high;secondly,the objects of behavior are mainly property which divided of various kinds.The methods of deception is also diverse in nature,and it is both related to the responsibilities and work content of the perpetrator.Thirdly,the disputes in practice are mainly concentrated between the crime of corruption and fraud;The fourth,looking at the development trend about the number of disputed cases,there were more controversial before Interpretation of Corruption and Bribery that published in 2016,and the dispute gradually subsided after its introduction.The core of this behavior qualitative problem lies in the distinction between the crime of corruption and fraud in the hermeneutic sense.After theoretical analysis and problem decomposition,three basic issues were identified: the identification of the main subject of village grassroots organizations,the determination of "using the convenience of deception in their posts," and the determination of rural grassroots organizations involved in jointly defrauding.Specifically,the identification standard of village grass-roots organizations is that their authority must be legal in nature and form.The former is that the organization and personnel power generation must have a clear legal source,and the latter is that the power generation method must conform to the procedural rules,that is,to elect and enjoy the opportunity to participate in public affairs through prescribed procedures.To sum up,the members of the village committees,the leader of the villager group,and the head of the rural collective economic organization belong to the "rural grassroots organizations," but the village finance personnel such as village accountants and instruments are excluded.According to the enumerated provisions of the legislative interpretation,the "administrative work to assist the government" is administrative,assistive,temporary,and materially oriented.When the village grass-roots organization personnel have management authority and responsibility for specific funds and properties according to the financial system,their specific identity is to satisfy specific public purposes,so their identity is public affairs.If this condition is met,the perpetrator meets a special status and should be "on the basis of national staff." The core of the actor's objective behavior determination is to grasp the relationship between the actor and public property.In corruption crimes committed by deception,the actor enjoys the right to possess or dispose of the property now or in the future based on a specific position and factual act,he has the separate control to dispose of the public property after obtain permission from a superior right holder,who is always a government official.Village grass-roots organizations use this job appearance to deceive the trust of superior rights holders,allowing them to make permits based on misunderstandings,transferring the management rights and responsibilities of the public property.With regard to joint crimes,consideration should be given to the criminal intention,the distribution of possessions,whether to use the duties of state staff to facilitate the commission of criminal acts,and the status of each co-offender in the crime should be judged based on actual conditions.The offense is determined mainly by the nature of the committed offense.The hermeneutical method was used to clarify the above-mentioned controversial issues,and it was found that the vortex of the dispute over the application of the law lies in the difference between the two elements of the crime,the full text is chosen to analyze the subject with emphasis on the subject and objective elements.Furthermore,the judicial identification path is constructed according to the permutation order,which is conducive to the scientific and rational identification of rural grass-roots organizations to defraud farmers' funds.The qualitative method constructed based on this is to take the deception as the starting point,start with the principal identity of the actor to make an exclusionary judgment,and exclude cases where the subject does not meet the status of state worker from duty crimes.Then,based on objective behaviors,make type judgments,and divide the behaviors into non-use of the post and behavior of using the post in combination with the specific management responsibilities of the actor and the nature of the payment of the object of the act.The former is punished by the crime of fraud,The latter meets the constituent elements of the crime of corruption... |
PDF Full Text Request