乡村微腐败的异质性表现及其法治化治理之维

Heterogeneity of Rural Micro-corruption and Its Governance by Rule of Law

乡村廉政治理是国家治理现代化的应有之义。本文基于中央纪委国家监委网站通报的2218件村干部腐败案例进行分析后发现:乡村微腐败除了具有腐败的共性特征外,存在经济地理空间和资源流向领域的分异性、腐败主体人员的膨胀性、主体层次与贪腐规模的非对称性、腐败职位的集中性、腐败程度的叠加性等方面的特殊表征。用法治方式治理乡村微腐败,必须厘清村干部所具有的宪法身份、监察法身份和刑法身份,通过构建治理乡村微腐败的法治化预防、控制、惩戒三大体系,实现乡村治理现代化的发展目标。

The modernization of clean and honest governance in rural areas is the proper meaning of the modernization of national governance.Based on the analysis of 2218 cases of corruption among village cadres notified by the Supervision Department of the Central Commission for Discipline Inspection,this paper finds out that rural micro-corruption not only has the common characteristics of corruption,but also has special characteristics in economic geography,the field of resource flow,expansion of corrupt subjects,asymmetry between subject level and corruption scale,centralization of corrupt posts,superposition of corruption degree,etc.To control rural micro-corruption by the way of rule of law,we must clarify the constitutional identity,supervision law identity and criminal law identity of village cadres.In order to realize the development goal of rural governance modernization,the three systems of prevention,control and punishment of rural micro-corruption should be constructed by rule of law.