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Research On Duty Crimes By Staff Of Rural Grassroots Organizations

Posted on:2019-12-07Degree:MasterType:Thesis
Country:ChinaCandidate:L L WangFull Text:PDF
GTID:2436330572458315Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In judicial practice,the identification of duty crimes of rural grassroots workers has always been controversial,especially the use of posts to facilitate the implementation of corruption,which is easy to be confused with other crimes.In the identification of specific cases,it is necessary to combine the facts and specifics of the case.The job behavior is defined.This paper adopts the combination of theory and practice,taking the case of Hu,a rural grassroots organization,for the case of false disability,defrauding the National Disability Support,as an example,by sorting out disagreements and analyzing different theories about the focus of disputes.Explain the author's point of view for the purpose of handling similar cases in judicial practice.This article is divided into three main parts:The first part is the basic situation of the case.It mainly introduces the relevant case and the disagreement of the case.The focus of the dispute in this case is specifically on the identity of the rural grassroots staff and whether they are using their positions during the performance of their duties when defrauding the state property.Recognize differences,whether to use job facilitation,and three aspects of joint crime between different criminal subjects.The second part is the legal analysis of the relevant issues in this case.Firstly,it expounds the identification of the staff of rural grassroots organizations,points out the three characteristics of legal,administrative and functional behaviors of rural grassroots organizations,and further explains the staff of rural grassroots organizations through data analysis on the Chinese refereeing documents.The subject identity situation;secondly,the specific definition of the use of job facilitation;finally,the analysis of the common crime of grassroots rural organizations staff.The third part is the conclusion obtained after the analysis of this case.The act of defrauding the state special support fund for the use of positional convenience should be regarded as corruption crime rather than fraud.
Keywords/Search Tags:Rural Grassroots Organizations, Identification, Utilization of Positional Convenience, Accomplice Crime
PDF Full Text Request
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