Analysis? Village official? Characteristics of crime and its preventive countermeasures

Abstract of the paper? Village official? It is the grass-roots organization personnel who hold the power of one party, which is the bridge between the party and the government and the masses. Objection? Village official? As far as the present situation of duty crimes is concerned, the author summarizes that the crimes that rural cadres may touch at present are: corruption, bribery, misappropriation of public funds, occupation of duty, misappropriation of funds and so on. The characteristics of duty crime are: on the rise, the amount of crime is small, the harm is great, the means of committing crime is simple, direct and unscrupulous, and the interests are linked up and down, squeezing and using each other. The reasons for the case are: low cultural quality, lagging ideological education and serious lack of legal knowledge; The privileged thought is serious and the style is undemocratic; Village affairs are not open enough and the power is opaque; Clan factional struggle leads to contradictions and conflicts, leading to duty crimes of rural cadres. In addition, this paper also puts forward the corresponding preventive countermeasures and measures.

Paper Keywords Prosecutorial Theory? Village official? On criminal work

According to the provisions of China's criminal law, although grass-roots organizations such as village committees (that is, what we usually call? Village official? ) does not enjoy the rights and obligations of state functionaries, but when assisting the people's government in managing state affairs, he takes advantage of his position to illegally occupy public property, misappropriate public funds, ask for other people's property or illegally accept other people's property, which constitutes a crime, which is stipulated in Article 93 of the Criminal Law? Other persons engaged in public affairs according to law? Scope, cases under the jurisdiction of procuratorial organs. Then, what crimes may grassroots organizations such as village committees commit? What are its characteristics? Are there any precautions? Here, the author tries to discuss it in this paper.

First,? Village official? Several possible crimes in criminal law

1. According to the Supreme People's Procuratorate's Standards for Filing and Investigating Duty Crimes by Procuratorates, if the amount of corruption reaches 5,000 yuan, it should be put on file for investigation, or if the amount of personal corruption is less than 5,000 yuan, but there are corrupt disaster relief, emergency rescue, flood prevention, epidemic prevention, special care, poverty alleviation, immigration, disaster relief funds and materials, donations, stolen money, fines and confiscated materials, temporary withholding of funds and materials, and bad means of corruption, destroying evidence and transferring. We should file a case for investigation in Yayao Town, Huadu District. Deng _, secretary of the village committee, together with the director of the Economic Development Office of the town, the deputy director of the village committee and a social worker, used the Xinjie River flood control regulation project to requisition the land in the village, took advantage of his position, made false measurements, lied about the compensation amount for young crops and attachments on the ground, and then divided the spoils. The village secretary took 90 thousand, which is corruption. He was finally sentenced to fixed-term imprisonment.

2. The crime of accepting bribes. In actual law enforcement, the crime of joint bribery must seek benefits for others while illegally accepting other people's property. As for asking for bribes, it is not required to seek benefits for others, but whether the benefits sought for others are justified or realized does not affect the determination of the crime of accepting bribes. Trading power and money is the essential feature of common bribery crime. For example, Huang Moumou, director of Qishan Village Committee of Xinhua Street in Huadu District, took advantage of his position during the Spring Festival of 2006 from September 2004 to handle the transfer of 220 mu of land use rights between Guangzhou Lixin Dyeing and Finishing Co., Ltd. and Qishan Village, and accepted bribes of 80,000 yuan three times.

3. Crime of misappropriating public funds. According to the regulations, the amount of misappropriation of public funds for personal use is more than 6.5438+0 million yuan, and the amount of misappropriation of public funds that has not been returned for more than 3 months is more than 6.5438+0 million yuan. If it belongs to individual profit-making activities, the procuratorial organ shall file a case; If the amount of misappropriation of public funds for personal use is more than 5,000 yuan and illegal activities are carried out, the procuratorial organ shall file a case.

4. Crime of duty embezzlement. The so-called crime of duty embezzlement refers to the illegal possession of the property of the unit by a company, enterprise or other unit by taking advantage of its position, and the amount is relatively large.

5. Crime of misappropriating funds. Employees of companies, enterprises or other units who, taking advantage of their positions, misappropriate the funds of their own units for personal use or lend them to others, and the amount is relatively large, which has not been paid back for more than three months, or, although it has not been more than three months, the amount is relatively large, and they engage in profit-making activities or illegal activities, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever misappropriates a huge amount of funds from his own unit and fails to return it shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. For example, Liang Mou, a cashier in Xinjie Village, Xinhua Street, took advantage of his position in charge of the financial work of four economic and social organizations under Xinjie Village, and used the means of not recording income, checking for cash and so on to misappropriate funds for many times, with a total amount of 984,299.04 yuan, most of which was used for gambling activities and family expenses. Finally, Liang was sentenced to six years and six months in prison.

Second,? Village official? Characteristics of duty crime

(A) The phenomenon of crimes committed by rural cadres is on the rise.

The main manifestations are as follows: First, the number of crimes is on the rise. Through investigation, the duty crimes of rural cadres rose from 16.35% in the previous three years to 26.7% of the total number of cases filed in the same period. Second, the amount involved is on the rise. Third, the crime of corruption and illegal transfer of land use rights accounts for a large proportion of crimes, accounting for 70% of convicted cases in recent years.

(2) The amount of crime is small and the harm is great.

Village cadres are the frontline commanders and combatants of our party and government in rural areas. Although the amount involved in the crime of rural cadres is not large, it involves a wide range and is harmful. It undermines the implementation of national laws and policies in rural areas, affects the image of the party and the government in the eyes of farmers, and affects the stability and economic development of one party, which is very harmful.

(3) The means of committing crimes is simple and direct, but by hook or by crook.

On the whole, the means of rural cadres' economic crimes are not as cunning as those in other fields, and their awareness of anti-investigation is relatively weak, and intellectual factors are less involved in crimes. The means of committing crimes are often direct embezzlement of public funds and property, such as income not being accounted for, repeated expenditure, white paper expenditure, forged documents, false reporting and impersonation. Many village cadres take this opportunity to entertain visitors. Running a project? Giving gifts to relevant units and individuals, purchasing emergency supplies and other matters, falsely listing and inflating expenses, and taking public funds for their own use.

Third,? Village official? Causes of duty crime

Why? Village official? There are many reasons for duty crimes, both personal and social. Specifically, there are the following aspects:

(A) low cultural quality, ideological education can not keep up, a serious lack of legal knowledge.

Most village cadres who commit crimes only have primary and secondary school culture. Limited by the educational level, as a village cadre, although we all know that corruption and bribery will be punished by party discipline and state law, it is often impossible to draw a clear line between bribery and normal human relations in daily communication, especially when accepting benefits. Village official? Really? I work for you and you give me benefits? Commit the crime of accepting bribes at will on the grounds of mutual consent. For example, in August 2008, we were investigating the corruption of Lan, the former president of Jianling Village 12 Economic Society in Chini Town. Subsidies for reconstruction of dangerous houses for reservoir immigrants? In the case of 28,000 yuan, find out that Lan is based on? I work for you, and you must each give me 200 yuan, or I won't work for you? I think it is a matter of course, but I don't think it is a crime.

(two) the privilege is serious and the style is undemocratic.

what's up Village official? It is not democratic to monopolize power. If you think that you are not greedy for a penny from the public, do not take a penny from the village community, and work wholeheartedly for the interests of the villagers, it is not a crime. For example, Bi Mou, the former president of the 14th Economic Society in Zhenxing Village, Shiling Town, presided over villagers' meetings for the purpose of making profits for the economic society. Without approval, he decided to sell part of the land of the economic society by public auction and permanently transfer the land use right, which made illegal profits of more than 6 million yuan for the economic society. Later, Bi was sentenced to three suspended sentences and fined 20,000 yuan by the court for the crime of illegally transferring land use rights.

(3) The root cause of the duty crime of rural cadres is that village and social affairs are not open, power is opaque, and there is no supervision and restriction mechanism.

Of course, in recent years, with the joint efforts of governments at all levels, it has basically been implemented at the village and community levels? Social hukou village management, village hukou town management? Strict management measures have greatly reduced the phenomenon of black-box operation, abuse of power and poor supervision, and effectively put an end to such cases.

(D) Clans and factions struggle, causing contradictions and conflicts, leading to duty crimes of rural cadres.

In many rural areas, village cadres compete for the power of village directors, and factions with different surnames are intrigued. During the election, they formed a gang to sabotage the election. After taking power, they took sides. Some village accountants and cashiers have special nepotism with village party secretaries or village committee directors. They colluded with each other and kept their mouths shut about violations of law and discipline. Some village cadres, relying on family power, make great privileges when they become village cadres, and take revenge as long as the masses have the slightest objection. In this way, even if the masses know that their legitimate rights and interests have been violated, they dare to be angry and dare not speak, which provides convenient conditions for some village cadres to commit crimes for a long time.

Four, the countermeasures to prevent rural cadres' duty crimes

(a) to increase the publicity of laws, regulations and policies, so that the masses know the law and abide by it.

Nowadays, there are widespread phenomena in rural areas, such as low education level, poor learning initiative and heavy awareness of small farmers. Although there are villagers' meetings and study meetings, these meetings are only used for deliberation, not for study. Therefore, laws, regulations and policies have not been effectively studied and publicized. Due to incorrect understanding of policies and laws, it is often easy to cause petitions. For example, villagers in a village in Xinhua Street, with the new land acquisition policy issued by the state, went to the procuratorate to petition, questioning the legality of the land acquisition contract signed between the village and the land acquisition unit more than ten years ago, and suspected the village cadres at that time of corruption and bribery on this ground, and then reported it. Therefore, we must increase the propaganda of farmers' laws, regulations and policies, eliminate farmers' misunderstandings and solve contradictions in the bud.

(2) The implementation of relevant policies must be in place.

Some management policies that have been proved to be effective through pilot and practice must be implemented. For example, the current financial agency system (that is, village account management and social account management) is relatively successful. However, due to historical reasons, there is a widespread phenomenon that the chief accountant is responsible for one person, has no basic accounting knowledge and has a low level of account management. In addition, there is no team and no one to supervise, so that the accounts are chaotic and cannot be liquidated. So what? Social account village management? The policy must be in place, so that the bills are managed, and the bills must be filled out by the village accountant; How much is the club's expenditure? Payment declaration? System, involving a certain amount of expenses, must be approved by the village; Club? Liquidation team? Under the guidance of villagers' committees, give full play to the supervisory role. Here, it is suggested that relevant authorities take measures according to local actual conditions. Payment declaration? The system should be refined, and the supervision work should be done well, and the problem of chaotic accounts must be solved.

(3) Conscientiously do a good job in the education of discipline and regulations for village-level cadres.

In the new era, it is of great significance to strengthen the education of ideological and political quality, knowledge of laws and regulations and anti-corruption education for rural cadres, especially newly elected rural cadres. Therefore, the relevant departments should organize more rural cadres to strengthen? World outlook, outlook on life and values? It is necessary to study and strengthen the study of laws, regulations, government decrees and policies, constantly improve the comprehensive quality of village (community) cadres, enhance their ability to resist corruption and change, and make them good cadres trusted by the people and reassured by the government.

(4) Severely punish corrupt elements and safeguard legal dignity.

In recent years, with the rapid economic development in our region, some village cadres can't resist the temptation of money, corrupt and degenerate, causing serious dissatisfaction among rural people. However,? Don't reach out, you will be caught if you reach out! ? The cases of embezzlement of public funds by Deng Mou, former director of tuanjie village Village Committee of Xinhua Street, bribery by Huang Mou, former secretary of Qishan Village, corruption by Zhang Mou, former director of Honghe Village of Huadong Town, and embezzlement by Zeng Mou, former director of village public security, were solved one after another, which shocked the arrogance of corrupt elements and won the praise of farmers.

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