Countermeasures to Prevent Duty Crime of Rural Land Expropriation

From 2007 to 2009, the procuratorial organs of Qinzhou City put on file 21 cases of job-related crimes in the field of rural land expropriation, including 8 cases of land and resources departments and 13 cases of 16 village cadres, with a total amount of 2.2348 million yuan. Job-related crimes in the process of rural land expropriation infringe upon the interests of the state and the collective, hinder rural economic development, trigger collective petitions, and affect rural stability, which is a problem worthy of attention. Therefore, it is necessary for us to find out the characteristics and causes of job-related crimes in the current rural land requisition, and actively seek solutions to create a good legal environment for the construction of a new socialist countryside.

I. the main characteristics of rural land expropriation involving job-related crimes

(1) the nature of the crime is mainly embezzlement and misappropriation, and the amount of money involved is large. Judging from the situation of Qinzhou City, job-related crimes in the field of land expropriation focus on embezzlement and misappropriation of public funds. Of the 21 cases of 24 people who were put on file for investigation, 23 were involved in 20 corruption cases, accounting for 95.23% and 95.85% of the total number of cases and persons in this field, and 1 case of misappropriation of public funds. And the amount of money involved in duty crimes is increasing day by day. Of the 21 cases put on file for investigation, 12 were major cases of embezzlement of more than 50,000 yuan, accounting for 57.14 percent of the total number of cases, including 10 cases of embezzlement of more than 100000 yuan, and one case of misappropriation of state compensation for land expropriation, involving 200000 yuan.

(2) the subject of the crime is mainly concentrated in the "village officials" such as the director of the village committee, the secretary of the village party branch, the accountant and the cashier, and the means of committing the crime are relatively simple. The "village official" is directly involved in the work of land expropriation and is in charge of real power such as surveying, management and distribution of compensation for land expropriation. Therefore, in the process of land expropriation, the subject of the crime is mainly concentrated in the "village officials". Of the 24 people put on file for investigation, 16 were "village officials", accounting for 66.6 percent of the total, and 6 were personnel of township land and resources offices, accounting for 25 percent of the total. Under the influence of their own factors and environment, the means of committing crimes are often simple and direct, and intellectual factors are less involved, mostly by means of not recording income, expanding expenditure, falsely reporting the area of expropriated land to set up national compensation for land expropriation, and so on. For example, Feng, secretary of the party branch and director of the village committee of a town in Lingshan County, accountant Qiu, and cashier Wen, after the village committee received more than 200,000 yuan in compensation for land expropriation, made a clever pretext to carry out private embezzlement in the form of telephone charges, wage subsidies, and meals.

(3) the nest cases and serial cases are more prominent. As the working procedure of compensation for land expropriation is relatively complex, the types and nature of compensation involved are also different, and various links need to cooperate with each other, therefore, job-related criminals often take the way of joint crime and collective collusion, take advantage of their respective duties in charge of specific work, collude with each other to embezzle the state compensation for land expropriation. Of the 24 people placed on file for investigation, 18 were involved in joint crimes, accounting for 75% of the total. For example, the principal and deputy director of a village committee in Lingshan County, while assisting the government in land requisition and carrying out the Yujiang water diversion project, took the means of reporting land ownership to defraud more than 30,000 yuan in compensation for land expropriation. After the procuratorial organs filed a case to investigate and deal with two corruption cases in March 2007, the procuratorial organs dug deep along this clue and seized 10 corruption cases of village committee cadres of four village committees in two towns of the county. And dug up three corruption cases for the staff of the county's land and resources management department.

(4) Job-related crimes in rural land expropriation do great harm and have a bad influence. Land is the source of farmers' survival. Once rural land is expropriated, farmers will lose their basis for survival to a certain extent. As collective accumulation funds, land compensation is used to develop production, increase the accumulation of collective welfare and public welfare undertakings, which can be described as "living money" for farmers. The mass petition caused by the contradiction of land expropriation has become a prominent social phenomenon. the duty crime of village cadres due to land expropriation has seriously damaged the interests of farmers and affected the construction and development of a new socialist countryside. damage the image of the party and the government in the minds of the people, seriously endanger the harmony and stability of rural society, resulting in a very bad social impact.

II. The main causes of job-related crimes in rural land expropriation

(1) weak supervision and imperfect system, giving criminals an opportunity to take advantage of. The township land department is in charge of land expropriation audit, survey, verification, compensation payment and other main work, but these work is not subject to effective supervision. The investigation found that the superior competent authorities of some crime-making units have non-standard management and imperfect systems for their subordinate departments, such as the restriction system among the members of the land expropriation group, the mass supervision system, the public publicity system, the review and review system, and so on. there are hidden dangers of crime and other problems. In the process of rural land expropriation, how to strengthen the supervision and restriction of important departments and personnel with examination and approval power and decision-making power has not yet formed a targeted and operable supervision mechanism or specific measures. In addition, there are many loopholes in village-level financial management, and there is a lack of effective management of land expropriation compensation. The financial management at the village level does not implement the financial system seriously, the village affairs are not made public, and the problem of illegal operation is prominent. After the compensation for land expropriation was paid to the village committee, the relevant departments at a higher level had neither management nor inspection, resulting in the direct custody and arbitrary control of the village party branch secretary or village director. Although some village committees appear to have mass supervision organizations, they are nonexistent, and individual people such as the village branch secretary or the director of the village committee are still in charge of the distribution and use of the village collective economy, and some people who know about it may not want to say it because of human relations. or afraid of the power of village cadres, for fear of retaliation, causing some village officials to be fearless and do whatever they want.

(2) the overall quality of grass-roots cadres is relatively low and their legal concepts are weak. At present, the overall quality of rural grass-roots cadres in China is generally on the low side. Among the 16 "village officials" who have been investigated and dealt with, they are old and have a low level of education. Many village cadres were elected relying on clan forces to canvass votes. After taking office, they held the idea of "making a profit" for a term, believing that the rural mountain emperors were far from being managed, that they were greedy and unaware of it, and that they were desperate in the face of a considerable amount of compensation for land expropriation. In addition, the current rural law popularization education is a mere formality, there are not many people who really study and know the law among village cadres, and the concept of legal system is not strong. After some village cadres privately divided the compensation for land expropriation in the process of land expropriation, they thought that "they just had a low ideological level and used the state's money, so they would be fine if they returned the money."

(3) the punishment is on the light side and the punishment is not strong enough. Summing up the reasons for the frequent occurrence of job-related crimes in the field of rural land expropriation, we can sum up many reasons, but from the perspective of judicial organs, "crackdown" is also one of the reasons. Punishment is a special kind of prevention. If the punishment is not strong, it will not play a role in curbing crime. Judging from the cases set up by the procuratorial organs in Qinzhou City, sentencing is generally not heavy. In the cases filed from 2007 to 2009, 17 people have been sentenced, of which 12 have been sentenced with probation, accounting for 70.59% of the total number of sentences, and 5 with actual sentences, accounting for 29.41%. It makes people feel that the majesty of the law is not enough to greatly deter the criminal acts of village officials.

III. Preventive measures of job-related crimes in rural land expropriation

(1) strengthen the building of grass-roots organizations to provide a strong organizational guarantee for the anti-corruption work in rural areas. The village-level organization with the party branch as the core is the most grass-roots organization of the party, is the bridge and link between the party and the broad masses, and plays an important role in maintaining the harmony and stability of the countryside. Therefore, strengthening the construction of rural grass-roots organizations, improving the comprehensive quality of grass-roots personnel, and enhancing the cohesion and combat effectiveness of grass-roots party organizations are the effective guarantee to curb village cadres' job-related crimes in the process of rural land expropriation. For example, the selection of demobilized military cadres and outstanding young cadres to the village committee for training, the selection of outstanding cadres of the party and government departments to the village committee as instructors for the construction of the new countryside, and the absorption of some college students returning to their hometown to serve in the village, enrich the grass-roots level, understand the rural situation and public opinion, and promote the stability and development of the countryside is a very good measure. In addition, it is necessary to earnestly strengthen the building of the villagers' democratic autonomy system, protect the villagers' democratic rights, and strengthen supervision.

(2) to establish and improve relevant systems and reduce the space for crime. The problem of the system is fundamental, overall and long-term, and relying on the system to punish and prevent corruption is the fundamental way to do a good job in the fight against corruption. First, improve the system of grass-roots work in rural areas. Governments at or above the county (district) level should unify the treatment standards of village cadres, reduce the worries of rural workers, encourage and introduce highly educated talents as village cadres, and improve the awareness of clean government and the level of village affairs management. Clear county (district), township, village three levels of respective management and supervision of the scope, responsibilities, procedures, methods, responsibilities, plug regulatory loopholes; the second is to improve the land expropriation system. Under the circumstances that the current land policies and regulations are not perfect and specific, the relevant government departments should carry out investigations and studies as soon as possible, and make comprehensive, detailed and operational regulations on land prices, compensation standards and compensation procedures according to the specific conditions, so as to further standardize the land management system and operation procedures. We should formulate measures for the management of compensation for rural land expropriation, use the system to standardize the work of various links in rural areas, such as permanent land expropriation and temporary land occupation, and clarify the subject of responsibility, supervision measures, and accountability for the management and supervision of land expropriation, so as to provide institutional guarantee for the compensation for rural land expropriation; the third is to improve the village-level financial management system. It is necessary to further improve the financial management system at the village level, strictly carry out financial examination and approval, and submit major expenses to the villagers' assembly for discussion. Establish an accountability system for financial disclosure, and investigate the relevant responsible persons for those who deliberately conceal the contents that should be made public or disclose them with false data. We will strengthen financial supervision in rural areas, set up special fund management agencies, set up special accounts for compensation in each village, and strengthen supervision, inspection and audit.

(3) thoroughly investigate and prevent job-related crimes and create an atmosphere of honesty in politics. Investigating and dealing with job-related crimes in the field of rural land expropriation is a powerful means to deter crimes, and at the same time, it is necessary to strengthen crime prevention. First, strengthen the publicity of reporting and obtain clues to the case. In view of the development of key projects in this region, follow the mass line, take the initiative to attack, go to the township, go to the grass-roots level, and collect information. Through examination and analysis of the above-ground appendages count, measurement, review, the signing of demolition agreements, compensation standards, compensation payments and other forms and channels to expand the source of the case. We should attach great importance to the problems related to compensation for land expropriation reflected by the villagers, seriously analyze and identify them, and do a good job in the preliminary investigation; the second is to increase the intensity of punishment to form a deterrent force. The subjective vicious degree and influence of rural cadres infringing upon the interests of the "vulnerable group" of farmers is even worse than that of "state functionaries" infringing upon "state-owned assets". From the aspect of the social harm of the crime, the duty crime in the field of land expropriation should be severely punished. It is necessary to step up efforts to crack down on crimes, and once violations of laws and crimes are punished severely. We should investigate and deal with job-related crimes together, never indulge them, frighten people with the severity of punishment, and sober people with the necessity of punishment, so as to more effectively curb the occurrence of job-related crimes; third, we should strengthen prevention work and persist in the combination of attack and prevention. Strike and prevention are two different means, and their purposes are completely the same. We must persist in combining punishment and prevention, and cure both the symptoms and the root causes. The procuratorial organs should, in conjunction with the investigation and handling of job-related crimes in the process of compensation for land expropriation, go deep into the construction of key projects and key projects to carry out the prevention of job-related crimes, and put forward timely preventive suggestions on the signs and hidden dangers of job-related crimes. to prevent and reduce the occurrence of job-related crimes in the process of compensation for land expropriation.

□ Huang Qikang Deputy Procurator-General of Qinzhou people's Procuratorate