涉农检察工作的法学思考

The Perspective of Law about Agriculture-related Prosecutions

农村基层组织人员滥用职权的渎职行为已是影响农村稳定的重要因素。由于我国法律关于渎职罪的适用范围的限制,使得对农村基层组织人员滥用职权的渎职行为的刑罚规制一直处于真空地带,严重影响了对农村基层组织人员滥用职权的渎职行为的打击力度,而扩大渎职罪的适用范围,将村基层组织人员作为渎职罪的犯罪主体符合我国当前农村建设的形势需要。

The dereliction of duty, which is the abuse of power by the members of the rural grass-roots organizations, is an important factor that affects the stability in the rural area. Because of the constraints on the scope of the crime of dereliction of duty in the law in China, the regulations about the penalties to the abuse of power by the mem- bers of the rural grass-roots organizers have not been worked out, which has seriously affected the punishment of the abuse of dereliction of duty by the members in the rural grassroots organizations and expanded the scope of the crime of dereliction of duty. Therefore, it is the need of the current situation in the rural construction to take the members of the village grass-roots organizations as the subject of the crime of the dereliction of duty.