A Study On The Conviction Of The Abuse Of Power To Seek Money By Village Officials

The cases village officials abuse their power for compensation for demolition have often occurred in the process of the requisition. But as the important basis of the village official's identity in criminal law, the interpretation of the "criminal law" the 93 th 2nd by the Standing Committee of the National People's Congress in 2000, has constant controversy since it's promulgated. The identity of the village official diverges. And at the same time, there are different opinions on the property of the compensation for demolition. This article take He's case as an example, who has abuse of power for money, to discuss the identity of village official in criminal law, the property of compensation for demolition, and the distinction between the crime of corruption, duty encroachment, embezzlement and fraud in the process of conviction. I hope that I can provide guidance for the accurate conviction of village official crime in judicial practice, in order to protect the protect the property of the state and people, maintain good social and economic order.This article is about 25000 words, which is divided into four parts.The first part: the basic facts of the case. This article detailed introduce the whole process of He's act of cheating government's request for compensation for demolition. And list four different ideas which are crime of corruption, duty encroachment, embezzlement and fraud. So the focus of controversy in this case is how to convict He's behavior of a crime.The second part: the jurisprudence analysis. This part analyzes the relative jurisprudential questions in relation to the focus of controversy, and the compensation and application problems. First of all, analyze the village official's identity in criminal law. Make clear the village official is not state functionary under normal conditions from his usual collective autonomous transaction and collective management of affairs does not belong to the public affairs in criminal law. Discuss the village official belonging to the state functionary in particular cases from the scope of the rural primary organization, the scope of the rural primary organization personnel, the beginning and ending time of the official act. Secondly, maintain the compensation's state-owned, collective and private property from the source and compensation object aspects of the compensation for demolition. Finally, define the distinction between the crime of corruption, duty encroachment, embezzlement and fraud from the subject, object and display of objective behavior.The third part: research conclusions. According to the part of jurisprudence analysis, the defendant He's identity in criminal law belongs to state functionary. The property of compensation for demolition which is embezzled is state-owned property. The behavior accords with the constitutive requirements of crime of corruption. Therefore, He's abusive behavior of power for compensation for demolition should be decided the crime of corruption.The fourth part: According to the focus of controversy part in this case, put forward the method and procedure to accurate cognizance the village official's identity in criminal law. Combined with the reason why He can abuse his power to seek money, table a proposal to strengthen supervision of village official's power and prevention of abuse.