On The Unit Crime Of Villager Committee From A Village Bribery Case

Whether the villager committee has the qualification of the subject of unit crime and whether the crime organized and carried out by the villager committee can be defined as unit crime are the puzzles in judicial confirmation.In practice,there are different opinions on whether the villagers’ committee can be classified as the subject of unit crime in both theoretical and judicial circles.Taking a village bribery case as an example,this paper comprehensively and systematically analyzes the concept,characteristics,connotation and extension of unit crime and its subject qualification,the nature,characteristics and legal status of the villagers committee,and summarizes the different views and reasons of the theoretical and practical circles on the qualitative problems of the villagers committee crime.It also comprehensively analyzes the theoretical basis,legal basis and judicial practice basis for the villagers committee to have the qualification of unit crime subject.According to the specific provisions of criminal law provisions can constitute a unit crime,the villagers committee to organize the implementation of this type of crime,especially involving village collective property and village collective interests of the crime,should be in unit crime shall be investigated for their criminal responsibility according to law,against the villagers committee to organize the implementation of various types of crimes,solve the problems of new rural crime is more and more prominent,standardize legal vacuum.Through analysis and discussion,the conclusion of the case is drawn: the bribery behavior of the villagers committee on behalf of the unit belongs to the unit bribery,and the criminal responsibility of the village Committee of Ethnic Affairs should be investigated for the crime of unit bribery.Finally,this paper puts forward suggestions to further improve the legislation and interpretation of unit crime,and clearly classify the villagers’ committee into the subject category of unit crime,so as to promote the consistency of legal provisions with judicial practice and social development,effectively combat,contain and prevent the villagers’ committee crime,and protect the social legal environment.