村官职务犯罪及预防探析

发布时间：2018-09-12 10:09

【摘要】：村官职务犯罪及完善预防机制既是当前农村一个重要刑事研究课题,也是一个重大的社会政治问题,更是巩固农村基层基础现实需要与迫切要求。当前村官职务犯罪出现新变化,犯罪区域从主要集中在村集体“三资1”比较富裕的村向征地拆迁、工程建设较多的村延伸,犯罪主体从集中在村两委负责人向村两委成员一起参与的共同犯罪蔓延,作案的手段方法从公开直接以金钱交易为主向间接隐蔽以搭工程干股或收受其他财物利益形式嬗变。村官职务犯罪越来越复杂,不少是罪错交叉、数罪并罚。村官职务犯罪原因是多方面多层次的,既有主观原因,也有客观原因。主观原因包括村官法制观念淡薄、个体心理扭曲不平衡、追求低级生活情趣等;客观原因主要包括腐朽堕落文化侵蚀、农村市场经济制度不完善、选人用人机制不健全、惩治与预防体系不成熟等方面。近年来,各地对预防村官职务犯罪做了一些探索与实践,推行村官审计、村账乡镇代理和村级小额工程乡镇招投标等措施,提高村官待遇等,取得一定成效,但也存在许多不足,系统完善的村官职务犯罪预防制度仍未形成。因此,要充分认识预防村官职务犯罪现实的重要性、必要性、紧迫性,建立健全村官“不愿犯”、“不能犯”和“不敢犯”制度,让村官职权在阳光下运行,保障农村“三资”管理及工程建设项目廉洁安全,促进科学发展。坚持标本兼治、综合治理、惩防并举、注重预防的方针,把教育、监督、惩处等方法综合运用起来,建立健全村官预防职务犯罪教育机制、管理监督机制、惩治机制、任用及选举机制、激励保障机制,提高预防综合效果。
[Abstract]:It is not only an important subject of criminal research but also a major social and political problem to improve the prevention mechanism of village official crime. It is also an urgent need to consolidate the rural grass-roots basic reality. At present, there have been new changes in the crimes committed by village officials. The crime areas have shifted from mainly concentrated in the village collectives with "three capital 1" to land requisition and relocation, and extended to villages with more construction projects. The main body of the crime spreads from the joint crime concentrated in the responsible persons of the two committees of the village to the members of the two committees of the village, and the means of committing the crime change from the public direct and direct money trading to the indirect concealment in the form of setting up project shares or accepting other property interests. The village official duty crime is more and more complex, many is the crime to cross, the several crimes are punished together. The reason of crime of village official duty is multilevel, both subjective reason and objective reason. The subjective reasons include the weak concept of legal system of village officials, the imbalance of individual psychology, the pursuit of lower life interests and so on, the objective reasons mainly include the erosion of decadent and decadent culture, the imperfect system of rural market economy, the imperfect mechanism of selecting and employing people, etc. Punishment and prevention system is immature and so on. In recent years, various localities have made some exploration and practice in the prevention of village official job-related crimes, carried out measures such as village official auditing, village and township accounts agents, and village and township bidding for small projects, and improved the treatment of village officials, and achieved certain results. However, there are also many deficiencies, the system of village official duty crime prevention system has not yet formed. Therefore, we should fully understand the importance, necessity and urgency of preventing village officials from committing crimes by duty, establish and improve the system of village officials "not willing to commit crimes", "cannot commit crimes" and "not dare to do so", and let village officials' functions and powers run in the sun. To ensure the clean and safe management of rural "three-capital" projects and to promote scientific development. Adhere to the policy of treating both symptoms and symptoms, comprehensively managing both causes, punishing and preventing simultaneously, paying attention to the principle of prevention, comprehensively applying methods of education, supervision and punishment, and establishing and improving the mechanism of education, management, supervision, and punishment of job-related crimes by village officials. Appointment and election mechanism, incentive and safeguard mechanism, improve the comprehensive effect of prevention.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D917.6

【共引文献】