To Defraud The Agricultural Insurance Premium Subsidies To Obtai N Funds In Case Evaluation

In recent years,investigators found the practice of prosecutors investigating the crime in the field of agricultural insurance in some areas,together with the insurance organization of government agricultural agencies taking the agricultural insurance premium subsidies to resort to deceit phenomenon is serious.The author through the analysis of real cases of agricultural insurance premium subsidies,taking the agricultural insurance premium subsidies to investigate whether an act constitutes a crime,what constitutes a crime.Basically,there are three points of view:one view is that Wang's abuse of power caused serious damage to the state's agricultural insurance subsidies and constituted abuse of power.Wang Department of personnel of state-owned companies second view,breach of privilege behavior caused serious losses of state-owned companies,causing heavy losses to the interests of the state,members of the institution of state-owned companies and enterprises,the crime of breach of privilege.The third view is that Wang does not constitute a crime.Wang,Wang is not a national staff,nor is entrusted by the state organs engaged in public service personnel,does not constitute abuse of power.Wang is not a state-owned company,enterprise or public institution staff,nor does it constitute abuse of power by state-owned companies,enterprises or institutions.The author agrees with the first view,and makes a systematic analysis of the four elements of crime:subject,object,subjective,objective and so on,and finally finds that Wang's crime of abuse of authority is more accurate.Wang is a subject entrusted by state organs to engage in official duties,which constitutes the subject of abuse of power.In dealing with the national policy agricultural insurance business,Wang,in violation of the relevant laws,regulations and documents,in the course of the performance of their duties,arbitrary,arbitrary or beyond the scope of their rights to exercise their rights.Wang false insurance agricultural insurance premium subsidies for agricultural insurance behavior,go against the original intention of the policy,the false insurance premium subsidies caused serious damage to the interests of the state,the collective and the people,thereby jeopardizing the normal order of state organs.Wang subjectively,knowing that his abuse of power will lead to national agricultural insurance premium subsidy funds were taken,to the state,the collective and the interests of the people caused serious damage,and laissez faire this result.From the point and the face of expansion,and then a systematic analysis of the identification of such crimes,help to accurately use the law in judicial practice to judge.According to the existing problems in the application of the crime of abuse of power in our country,we put forward our own opinions and suggestions,so as to attract a lot of attention.