Rural Grass-roots Organizations Belong To "National Staff" Criminal Law

With the advancement of China’s new rural construction and increased investment in agricultural funds,cases of misappropriation of land requisition compensation funds by rural committees and other grassroots organizations have frequently occurred.Controversial issues have arisen in judicial practice,such as how to help the people ’s government to engage in administrative management and rural collective self-government management,how to define the identity of the rural grassroots personnel,and how to determine the nature of public funds.This article selects the case of Meng Moumou’s misappropriation of public funds and summarizes the points of controversy by sorting out the divergent opinions in this case.From the perspective of the criminal law to assist the people’s government in administrative management and the legality of the principal status of rural grassroots organizations,Analysis of issues related to embezzlement of public funds by grassroots organizations.In addition to the introduction and conclusion,this article has a total of more than 30,000 words,it is mainly divided into the following four parts:The first part is to introduce the basic situation of the case.This section introduces the case and basic case information,and sorts out divergent opinions and summarizes the focus of the dispute according to the content of the case and the results of the adjudication.The three divergent opinions on Meng Moumou’s misappropriation of public funds include: one is that Meng Moumou is suspected of constituting a crime of embezzlement of funds,the other is that Meng Moumou is suspected of constituting a crime of embezzlement of public funds,and the third is that Meng Moumou’s behavior does not constitute a crime.The two controversial points concerning Meng Moumou’s misappropriation of public funds include: first,whether Meng Mou in this case belongs to the state staff who assisted the people’s government in administrative management;and second,whether the compensation for expropriation of machine wells in this case belongs to public funds.The second part is the legal analysis of related issues.Based on the analysis of the case’s divergent opinions and the focus of the dispute,the related theoretical issues involved in this case are discussed.This section discusses in detail the criminal law definition of“assisting the people’s government in administrative management work”,the criminal law determination of the identity of the rural grass-roots organization personnel,the criminal law attributes of the rural machine well expropriation of compensation funds,the theoretical distinction between the crime of embezzlement of public funds and the crime of embezzlement of funds.Aspects.The third part is the analysis and characterization of this case.Through the discussion of related theoretical issues,the behavior of Meng Moumou in this case is specifically analyzed and characterized.This section draws relevant conclusions by analyzing Meng Moumou’s behavior: First,Meng Moumou’s behavior in assisting the town government to manage and issue machine well compensation funds is in the execution of official duties,and it should be based on national staff;The funds belong to public funds,and the third is that Meng Moumou misappropriated Jijing compensation funds constituted the crime of embezzlement of public funds.The fourth part is the research inspiration of this case.This section analyzes the reasons for the problem of misappropriation of public funds by rural grass-roots organizations and proposes relevant suggestions: first,to improve the legislative provisions on the scope of the main body of national staff;second,to improve the rural financial management system;The supervisory system for organizing personnel is to strengthen the education of the rule of law in rural society.