On The Qualitative Of Obtaining National Agricultural Policy Subsidies By Fraud In Criminal Law

The three rural issue has always been the top priority of China's economic and social development.China has always adopted policy measures as the main way to solve agricultural problems for a long time,therefore various agricultural subsidy policies have been frequently issued,which have played a role in the development of the agricultural industry.However,cases of cheating agricultural policy subsidy funds have repeatedly occurred,seriously affecting the order of policy implementation at the same time.In most cases,the judiciary usually pays too much attention to violations in the implementation of policies for the sake of convenience,but does not consider whether the behavior substantially meets the requirements of the elements of fraud.The same crime has different sentences and different penalties.The qualitative nature of fraudulent policy subsidies in different situations should be classified and more specific standards should be concluded.This dissertation is unfolded with five chapters.The first chapter summarizes the nature and types of agricultural policy subsidies,and then explains that agricultural policy subsidies belong to the crime target of fraud.Finally,it analyzes the conditions for establishing a crime of fraud.The second chapter briefly introduces typical cases of deceiving national agricultural policy subsidies,and summarizes the controversial issues that are common in judicial practice.The third chapter analyzes the fraud with illegal possession purpose and the fraud without illegal possession purpose.On the one hand,it summarizes and draw the factors that need to be considered in the act of fraudulently obtaining national policy incentives to establish a crime of fraud from the cases.On the other hand,it analyzes the controversial cases of fraud crimes,which shows that fraud without illegal possession purpose should not be investigated for criminal responsibility.The fourth chapter mainly summarizes the distinction between fraud with illegal possession purpose and fraud without illegal possession purpose of agricultural policy subsidies.First of all,it is explained that the problem of fraud is essentially the distinction between ownership and use rights.Secondly,based on the understanding of Zhang Wenzhong's case and the judgment,the distinguishing criteria are summarized.Finally,different regulatory approaches should be adopted for the two behaviors.The fifth chapter introduces the theory of failure of policy purpose.It shows that when qualitatively obtaining policy subsidies by fraud,we should consider social,historical factors and policy developments.Failure of policy purpose is a normal phenomenon.If the act achieves the policy purpose,there is no property loss,and the criminal responsibility of the actor should not be investigated.