Infringe Upon The Kind Of Direct Grain Peasant Allowance Money Corporal Punishment Counter Measure

With harmonious society of socialism and new rural construction being on the rise," three agriculture " problem becomes one of country's important problem gradually. The Hui Nong policy that policy there exists in the long range new , important, and will in the future being able to foresee as one down to kind of direct grain peasant allowance has also become the marriage partner that all walks of life scholar shows solicitude for. Making people regretful is that a such basic policy of a state being related to billion peasant welfares does not arouse domestic law educational circles but , but, especially corporal punishment educational circles taking seriously , possibility are also because of here , the problem thinking that corporal punishment and corporal punishment theory currently in effect appear face to face when the behavior endangering society's gravely happened in this policy putting process into practice in, is adjusted lacking a skill. The main body of a book is shown solicitude for trying to infringe upon nature in order to diverting a type to kind of direct grain peasant allowance policy allowance for policy is in progress as main starting point and point of penetration , to kind of direct grain peasant allowance.The main body of a book is spoken of from the predestined relationship to kind of direct grain peasant allowance policy, insufficiency of example the middle stipulating and adjusting process of lifting and analysing infringe upon behavior , currently in effect corporal punishment of being related to; Have brought forward self suggestion on legislation after possibility and necessity getting involved in in having analysed corporal punishment infringing upon behavior to kind of direct grain peasant allowance policy allowance.a) Course and current situation to kind of direct grain peasant allowance policyEvolution , joint possession recollecting the grain subsidy way since the reform and openness 6 stages. This 6 stage policy has got corresponding fine effect all to development of the productive forces development of. So far especially the 6th stage, is 2004, the effect is especially obvious to the productivity promoting.Central authority document one have been published in 2004, for a series of Hui Nong measure, mobilizing peasant enthusiasm, gigantic effect having recovered developing grain producing and increasing the peasants' income , having brought into play. Agriculture childbirth has got gigantic progress so far from 2004, the peasant has got gigantic tangible benefit , rural area has got the development going a step further. We also must see that but, while we enjoy this series of Hui Nong policy, quite many problems have also appeared in process being put into effect in these policy, these problems have been worthy for us to go and pay close attention to with the corporal punishment sight.Thinking to kind of direct grain peasant allowance policy allowance money character. The premise in the allowance money to kind of direct grain peasant allowance policy is thought deeply, is in the thinking being in progress to kind of direct grain peasant allowance policy allowance money character , is list relative public money article and the relevance corporal punishment theory that the person reports in analysing corporal punishment first, public money definition , range and characteristic in ascertaining corporal punishment thereby, the allowance money that the relevance document , policy law and regulation , author appearing personally combining with the country about the allowance money to kind of direct grain peasant allowance policy have ascertained, to kind of direct grain peasant allowance policy belongs to the provisions of the criminal law public money category and is not allowed to divert a type.b) Infringe upon way to growing direct grain peasant allowance policy'sAs for problem aroused by self to kind of direct grain peasant allowance policy allowance money, the corporal punishment point of penetration is lain in showing solicitude for land belonging to and area ascertaining dispute initiated by aspect, relevance corporal punishment problem thinking that the dispute is grave but initiate.Since the allowance money to kind of direct grain peasant allowance policy belongs to the public money category , our can use the behavior way grafting a type and diverting a type committing a crime to go and think deeply that the relevance to kind of direct grain peasant allowance policy allowance money infringes upon behavior.Behind the public money character having analysed the allowance money to kind of direct grain peasant allowance policy, to have analysed the allowance money to kind of direct grain peasant allowance policy two kind, different from to encroaching on way, being to embezzle, the type infringes upon way and diverts a type infringing upon way.c) Answer to the corporal punishment violating kind of direct grain peasant allowance policyFrom policy infringes upon provisions of the criminal law of the behavior relevance currently in effect to kind of direct grain peasant allowance expound. To getting involved in to growing direct grain peasant allowance policy problem initiated by self, corporal punishment being able to be the beneficial final protection bill means. But, during the period of the type resolving the corruption to kind of direct grain peasant allowance policy allowance money infringes upon behavior way, corporal punishment currently in effect is to be able to carry out very good adjustment's. But, in the light of, corporal punishment currently in effect relates to the regulation diverting a type committing a crime , we can see that, corporal punishment currently in effect diverts in regulation when the type commits a crime, do not think that the characteristic to the "agriculture" , the benefit to the "agriculture" protect deficiency sufficiently.In the allowance money to kind of direct grain peasant allowance policy, think on the analytical basis possibility and necessity being that "the fund enters crime go through the agriculture end item" have been carried out, according to the modest the thought restraining corporal punishment , author, not bad "the fund enters crime , brings forward the following suggestion on legislation with going through the agriculture end item":In second corporal punishment article 384, adding "or diverting the end item fund " is just that money puts the allowance to kind of direct grain peasant allowance policy under the special fund , the adjustment being in progress for public money range inner. Corporal punishment the 384th should be then right away:Government staff members makes use of upper facilitating of post , misuse of state fund be individual's responsibility to use, carries out illegal activities's, or the misuse of state fund number carries out the activity making profit's more , or else, that the misuse of state fund number exceeds three months more, not having returned back , is misuse of state fund crime, place following for 5 years fixed-term imprisonment or short detention; Circumstance is grave , the place sets term of imprisonment above 5 years. The enormous block of wood returns the misuse of state fund number, place 10 all above fixed-term imprisonment or life imprisonment.Move be used to relieve the victims of a disaster , rush to deal with an emergency , flood control , money thing and agriculture special fund giving special care to , aiding the poor , migrating , relieving be individual's responsibility to be put into use, be given a severe punishment.The agriculture special fund is stipulated to be to use an usufruct for holding protecting government staff members's post honest and specially appointed public property hereof.In corporal punishment article 273, add "the agriculture special fund ". Corporal punishment the 273rd should be then right away:Move be used to relieve the victims of a disaster , rush to deal with an emergency, flood control , special fund , circumstance giving special care to , aiding the poor , migrating , relieving the thing and the agriculture are grave, the following for 3 years fixed-term imprisonment or short detention causing the country and people benefit to suffer significant damage , getting along to direct responsibility personnel,; Circumstance is especially grave , the place sets term of imprisonment above 3 years under 7 years.Place of the main body of a book FOAK has mainly: (1) pair of kind of direct grain peasant allowance policy allowance money belongs to the public money category and forbidden divert on corporal punishment; (2) pair of kind of divert a type infringing upon way and currently in effect direct grain peasant allowance policy allowance money corporal punishment answers; (3) pair of kind of direct grain peasant allowance policy allowance money relevance suggestion on legislation.