A Study On The Problem Of Identifying Corruption Crimes In Rural Grassroots Organizations

As the state lifts poverty alleviation and rural rejuvenation to a strategic height,a large number of funds for poverty alleviation and benefiting farmers are allocated to the village level,which has become the "raw meat of the Tang Dynasty" in the eyes of some rural grassroots cadres.The phenomenon of "small official flies and corrupt officials" is outstanding.In view of this phenomenon,judicial organs should accurately apply criminal law according to law,give full play to the function of penalty,and effectively crack down on corruption around the grassroots masses.But at present,no matter in the field of criminal law theory or judicial practice,there are still many problems that have not been reached a consensus on the identification of the crime of corruption of rural grassroots organizations,especially in the identification of the main body of rural grassroots organizations,the identification of "taking advantage of the convenience of duty" and the identification and legal application of "illegal possession of public property" There are still great differences,which also directly lead to the judicial authorities’ difficulty in cognizance of such cases.In view of this,it is necessary to further explore this issue,try to put forward some new ideas,hoping to play a meaningful role in judicial practice.The full text is divided into five parts.The introduction part is mainly about the significance and research methods of this paper.In view of the contradiction between the phenomenon that the petty officials and flies are easy to be corrupted and frequently occur,and the fact that they are still not accepted after the Eighteenth National Congress of the CPC,and the difficulty in identifying such groups’corruption crimes in judicial practice,the author thinks it is necessary to discuss the identification of such groups’ corruption crimes again.Yes.Through the method of empirical analysis,through the analysis of typical disputes in judicial practice combined with the current theoretical point of view for comparative study,and finally put forward their own views,with a view to judicial practice can play some meaningful guidance.In the first part,through combing and analyzing the corruption cases of rural grassroots organization personnel in a city of Henan Province from 2012 to 2017,the main characteristics of such cases are found.Through extracting several typical disputed cases,the author analyzes several difficult problems existing in the determination of the crime of corruption in this group:First,the crime of corruption of rural grassroots organization personnel.The identification of the main body;the second is the rural grassroots organizations personnel "to use the convenience of their posts" identified;the third is the rural grassroots organizations personnel "illegal possession of public property" identified.The second part is mainly about the identification of the main body of corruption in rural grass-roots organizations.The determination of the subject of corruption crime has always been a very big issue in the theoretical and practical circles of criminal law,especially in the rural grass-roots organizations,who do not have the status of state functionaries,which can constitute the subject of corruption crime is more controversial.Through the comparison of theories and cases,this part focuses on the definition of rural grassroots organizations and "assisting the people’s government in administrative work"to analyze the main body of the crime of corruption.The third part mainly discusses the identification of the rural grassroots organizations’ "taking advantage of their duties".It is also a controversial issue in the theoretical and practical circles of criminal law to determine "taking advantage of the convenience of duty",especially in the rural grass-roots organizations.This group does not have the status of state functionaries,unlike state organs,the duties of staff members are very clear.Through the comparison of theories and cases,this part focuses on the theoretical understanding of "taking advantage of the convenience of the post" and the practice of "taking advantage of the convenience of the post" to conduct a comparative analysis.It is concluded that "using the convenience of position" can be divided into three situations:first,using the convenience of "supervisor";second,using the convenience of "management";third,using the convenience of "handling".The fourth part mainly discusses the identification of "illegal possession of public property" in rural grass-roots organizations.The identification of "illegal possession" and"public property" is also a controversial issue in the theoretical and practical circles of criminal law,especially the understanding of "public property".This part through the"illegal possession" of the specific means of embezzlement,theft and other means,as well as the "public property" and the unit’s comparative analysis of property to accurately understand the means of illegal possession,as well as the scope of public property.