Qualitative Study On The Behavior Of Rural Grass-roots Organizations To Embezzle Compensation For Land Acquisition

Village, rural grass-roots organizations misappropriation of peasant collective land requisition compensation cases occur frequently, such cases in judicial practice how qualitative exist larger differences, the same behavior because of different understanding of the identity of the subject, some believe that constitute the crime of duty encroachment, some believe that constitute the crime of corruption, lead to the criminal law applicable to the different. This paper selects a real case of this type, through comparative analysis of the crime of duty embezzlement and corruption, the main body of rural grassroots organizations and the nature of the land requisition compensation. Village Grassroots Organization with the status of national staff, to combine the misappropriation of the nature of the land requisition compensation, according to its in the implementation of the crime is to assist the government to engage in public service activities in comprehensive judgment. Determine whether the rural grassroots organizations in the process of land acquisition compensation management process is to help the government in the business activities of the time boundary point is whether the compensation paid in place. In different stages of the transfer of land compensation in the different stages of the nature of its ownership, in different stages to distinguish between the state ownership, village collective, the village collective owned by the collective owned by farmers, so as to determine whether the compensation is in place, to further determine whether the rural grassroots organizations in assisting the government in public. In the land acquisition compensation payment in place, to help the government to engage in land acquisition compensation management of the job responsibilities is not over, at this time the rural grassroots organizations have the identity of the quasi national staff. In the land acquisition compensation payment in place, the government is to help the government to engage in land acquisition compensation management of the work of the job is to end, at this time does not have the identity of the national staff.