On The Duty Crimes Of Village Of Officials

In recent years, with the development of rural economy, the cases that village officials accept bribes and embezzle public funds are more and more, the involved funds are growing, and the social impact is increasingly bad, all of that seriously threat to social stability in rural areas. The duty crimes of village official are more and more serious, but the provisions of the criminal law are unknown:the criminal law formulated in 1997 doesn't put the village official into the duty crime's Subject areas; The interpretation of legislation adopted in 2000 also only generally listed that villagers committees and other grass-roots organizations are national staffs when they engaged in seven specific acts, and they can constitute duty crimes. But many other questions aren't formulated, which are that community organizations include which other organizations, In addition to the seven acts, other behaviors can constitute the duty crime or not, if they can't constitute the duty crime, they constitute which crimes. The status of this legislation resulted in that the village officials'duty crimes are not clear qualitative and the results of punishment are not fairish in judicial practice. The author obtained first-hand information by conducting field surveys in the Sancha town, Jianyang city, Sichuan province, and combined with the valuable experience of academic research on the village officials'duty crime then studied on our village officials'duty crimes in order to help us to solve the village officials'duty crimes in judicial practice and be good to economic development and social stability in rural areas.This essay redefines the subject of the village officials'duty crime. Combining with folk saying and existing law in our country, the author think that the village grass-root organizations mainly include that:self-government organizations, party branch organizations, economic organizations in village, and the essay also demonstrates the basis of bringing these organizations into the scope of duty crime subject.On the behavior of village officials'duty crime, because of village officials involving in kinds of work, so when analyzing the behavior of the village officials whether to be duty crime or not, we should strictly distinguish the nature of the work. This paper argues that village official can constitute the duty crime only when they woke in accordance with the law, when they engaged in self-government services and business activities in the village, they used their position to engage in criminal acts, they constitute the misappropriation, crime of misappropriation of funds and non-national staff accepting bribes.This paper summarizes the main features of the village officials'duty crime, and the number of crimes increasing and the funds in the crime rising are a trend of the village officials'duty crime. Many reasons led the village officials'duty crime. The legal reasons are ill-formulated legislation, judicial confusion and lax enforcement of criminal law; the absence of monitoring system and combat fatigue are the main social causes; the low quality of the village officials and the error power awareness are the main subject reason.This article puts forward three major preventive measures on the basis of the causes of the village officials'duty crime. Legal prevention:strengthening the theories of the village officials'duty crime in order to provide the basis for the legislation; improving the legislation of the village officials'duty crime in order to provide the basis for the administration of justice; strictly districting the judicial practice and vigorously against village officials'duty crime. Community prevention:establishing the village officials to conduct regular management, auditing when retirement and working and strengthening the supervision and management. Subject prevention:carrying out ideological education to the village official to let them set the correct values and power, and let them fundamentally not want to crime.