村干部职务犯罪案例分析刑事诉讼法专业论文.docxVIP

应综合所有证据，如果排除了合理怀疑能确认被告人胡某并没有将该笔钱用于“纵向联 系”，那么应认定其构成职务侵占罪。如果有，则应认定其无罪，并且如果因此线索最 终查获了该领导的受贿罪行，胡某还可以被认定为有立功表现，在量刑时可以对其从轻 或减轻处罚。但若法院不能排除合理怀疑，则只能依据“疑罪从无”认定被告人无罪。 被告人胡某还构成挪用资金罪，应对其数罪并罚。针对当前村干部严峻的犯罪形势，各 级政府应该通过加强村干部的思想预防，完善相应的制度，加大监督力度以及完善相应 法律规范等综合措施来加以遏制。 关键词：村干部；职务犯罪；犯罪性质；司法认定；预防对策 Abstract Recently, the situation of the job-related crimes of the village cadres becomes more critical. This criminal phenomenon is not only a challenge to the rule of law in China, but also seriously affects the smooth construction of the new rural. To curb this serious criminal situation, the deep analysis study of this topic is particularly important. For this reason, the case of the encroachment of the highway grants of the village committee and misappropriation of land compensation costs have been chosen to the example to make a detailed reading of the legal issues related the job-related crimes of the village cadres. The paper is divided into five parts. The first part is to put forward the name of the case. It directly shows that the theme of this article is about the job-related crimes of the village cadres, and that this article focuses on the study of the job-related crimes of the village cadres. Specifically, it is about the case of the encroachment of the highway grants and misappropriation of land compensation costs of the village committee. The second part is the description of the case. It tells the specific circumstances of the case. The case tells that the village cadres take the grants that the government has given to the village committee through the “false note”. The village committee director argues that he has used the other nine thousand Yuan to give to the leader to ensure the grants. Besides, he has used the crops compensation fee and the ground attachments fee of the land compensation costs to gamble, not has returned until now. The third part is the focus of controversies, based on the fact appeared in the case. The prosecution, the defendant and the judge proposed