职务犯罪法律适用问题及其对策——以农村基层组织为视角

查处农村基层组织人员职务犯罪遇到的问题较多。立法解释划分"村务"与"公务",且未将村民小组长、村会计和出纳列为执行公务的主体,这不利于对农村基层组织人员职务犯罪的打击。为解决农村基层组织人员职务犯罪法律适用问题,建议修改"2000立法解释",赋予检察机关以相对宽泛的机动侦查权,规定农村基层组织人员也可成为渎职犯罪的主体。

On Applicability of Post Crime Laws and Countermeasures:A Perspective of Rural Organizations

Numerous problems arise in the investigation and punishment of the illegal acts and crimes committed by rural organizations.Legislative interpretations have been made of division between village affairs and official duties,and the villagers group leaders,village accountants and tellers have not been listed as the main body of the executing official business,which is not conductive to cracking down on the illegal acts and crimes committed by rural organizations.In respond to applicability of post crime laws for rural organizations,the article suggests that 2000’ Legislative Interpretations should be modified so as to entrust procuratorial organs with relatively broad and flexible investigation right,ruling that the staff in rural organizations could also be listed as the main body of malfeasance crimes