中国“村官”职务犯罪研究

发布时间：2018-07-02 22:12

本文选题：职务犯罪 + “村官”贿选　；参考：《中国政法大学》2009年硕士论文

【摘要】： “村官”是指以村委会主任和村党支部书记为首的基层自治组织领导人的总称。法定自治意义上的“村官”出现于二十世纪八十年代,至今我国的“村官”队伍阵容庞大,总数已逾500多万人。“村官”是我国社会主义新农村建设的“领头羊”。近年来,随着社会主义体制改革的深入,多种综合因素错综交织,“村官”的职务犯罪行为有燎原之势,已经成为一个事关农村稳定与发展的不容忽视的问题。“村官”职务犯罪多集中于经济和民主选举领域,以贪污、挪用、侵占及贿选等侵财型案件居多。其发生程度不论从广度上还是深度上都令人惊心,这给本来就脆弱的农村发展增添了巨大障碍,更加剧了城乡二元化结构的矛盾。外因是事物变化发展之条件,内因是事物发展的根据。“村官”职务犯罪形势如此严峻,既有刑罚预防教育不到位、自治机制不健全及村民参政意识落后等外因,也有村官队伍整体素质亟待提高等内因。我们应该注重发挥刑法的威慑力,同时标本兼治。本文共分三部分内容如下: 第一章提出了“村官”职务犯罪的课题,分析了我国“村官”职务犯罪的现状、表象及特点,并从刑法视角指出了“村官”职务犯罪在新形势下的危害。第二章讨论了“村官”职务犯罪的法律特征和形成原因。对其常见的罪名作了分析,并就“村官”贿选是否属于“村官”职务犯罪的范畴及如何填补法律空白问题作了探讨。第三章分析了美国、奥地利、新加坡、印度等国外治理职务犯罪的经验及教训,觅寻共性以资借鉴。然后,讨论了我国“村官”职务犯罪之源头,指出我国治理过程中出现的种种问题。最后,本着“借助刑法利器,综合标本兼治”的思路,对治理工作阐述了自己的见解。通过以上论述,笔者得出以下结论:目前依法治理我国“村官”职务犯罪已刻不容缓。我们必须加强法学理论研究,注重完善刑事实体与程序法律体系。我们要发挥刑法的高效威慑作用,严厉打击经济和民主选举领域出现的“村官”贪污、挪用、侵占国家、集体财产及贿选等罪行,堵塞“村官”犯罪的漏洞。通过对农村工作综合治理,维护农村的稳定与发展大局。
[Abstract]:"Village officials" refers to the leaders of grassroots autonomous organizations headed by village committee directors and village party branch secretaries. The "village official" in the sense of statutory autonomy appeared in the 1980s. Up to now, the team of "village officials" in our country has a large lineup, with a total of more than five million people. Village officials are the leaders of the construction of new socialist countryside in China. In recent years, with the deepening of the socialist system reform, a variety of comprehensive factors intertwined, "village officials" of duty crimes have the potential to start a prairie fire, has become a problem related to the stability and development of rural areas can not be ignored. The crimes of "village officials" are mostly concentrated in the fields of economy and democratic election, such as embezzlement, embezzlement and bribery. The extent of its occurrence is alarming both in breadth and depth, which adds great obstacles to the fragile rural development and intensifies the contradiction of urban-rural dual structure. External causes are the conditions for things to change and develop, while internal causes are the basis for the development of things. The situation of "village official" duty crime is so severe that there are some external reasons, such as the imperfection of penalty prevention education, the imperfection of autonomous mechanism and the backward consciousness of villagers' participation in politics, as well as the internal reasons such as the overall quality of the village officials should be improved urgently. We should pay attention to giving play to the deterrent power of criminal law, and at the same time treat both symptoms and symptoms. This paper is divided into three parts as follows: the first chapter puts forward the subject of "village official" duty crime, analyzes the present situation, appearance and characteristics of "village official" duty crime in China. From the angle of criminal law, the author points out the harm of duty crime of village official in the new situation. The second chapter discusses the legal characteristics and causes of duty crime of village officials. This paper analyzes on the common charges, and probes into whether the bribery of "village official" belongs to the category of duty crime of "village official" and how to fill up the blank of law. The third chapter analyzes the experiences and lessons of foreign countries, such as America, Austria, Singapore, India and so on. Then, it discusses the origin of the crime of village officials, and points out the problems in the process of governance. Finally, in line with the idea of "using the sharp weapon of criminal law, comprehensive treatment of both symptoms and symptoms", the author expounds his own views on governance. Through the above discussion, the author draws the following conclusions: at present, it is urgent to deal with the crime of "village official" duty in our country according to law. We must strengthen the study of legal theory and improve the legal system of criminal entity and procedure. We should give full play to the highly effective deterrent effect of the criminal law, crack down on the corruption of "village officials" in the field of economic and democratic elections, misappropriate and occupy the state, collective property and bribery, and plug up the loopholes in the crimes of "village officials". Through comprehensive management of rural work, maintain the overall situation of rural stability and development.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D917

【引证文献】