Research On The Joint Crime Of Collusion In Cheating For Land Relocation Compensation

With the accelerated process of urbanization transformation of the old city, the collusion between government staff and residents in cheating for land relocation in the national land requisition and demolition take place frequently. For the same common criminal facts, the judicial organ usually convicted of criminal penalties for the same charges. Judicial interpretation specially stipulate that joint crime shall be charged for crime of corruption. This provides a scientific and reasonable path of criminal law for collusion between government staff and residents in cheating for land relocation in the national land requisition and demolition in quite some time. As the ninth amendment to the criminal law’s publishment, the theory of status crime determinism will face the dilemma of improper punishment.The collusion between government staff and residents in cheating for land relocation in the national land requisition and demolition is in question of a collaborative crime nature. The essence is the relevant question of joint crime and identity. In the theory of collusion between internal and external, theory of determining by the principal, status crime determinism and theory of perpetrating act are on the premise of the same charges. This shows that our country practice point is based on the theory of crime together. The theory of crime together solve many problems in the past time. In the current complex cases,It will lead to the scope of participation narrowed down improperly. It can’t protect legal interest. It mess the status relationship of the establishment of participation and punishment. It violate the principle of adapting to the offense. The theory of joint behavior comply with the provisions of the criminal law in our country, will not result the scope of participation’s expansion and make more accurate evaluation to the collusion between government staff and residents in cheating for land relocation in the national land requisition and demolition.According to the theory of joint behavior, the relevant judicial staff should be clear the double-layer differentiating system in our country. It should confirm the complicity in the aspect of illegal. According to the theory of perpetrating act, it should confirm the crime firstly. Then, the relevant judicial staff should judge abetting, helping behavior and the responsibility of the perpetrators. It confirm accomplice finally. Because the behavior has relativity, one can break two or more charges. We should use the theory of conceptual concurrence.Because the criminal law and judicial interpretation adopt status crime determinism, the participation in cheating for land relocation in the national land requisition and demolition usually be charged for crime of corruption. The punishment of corruption is heavier than the crime of fraud, it is the same as conceptual concurrence. As the ninth amendment to the criminal law’s publishment, the punishment of corruption and fraud reverse. The view of judicial interpretation has a dilemma of improper punishment. It can make more properly handle for such cases by using the theory of conceptual concurrence.