Legal information

From the perspective of protecting the legitimate rights and interests of enterprises in the field of "agriculture, rural areas and farmers" and the rights and interests of private entrepreneurs, these five typical cases of legally punishing occupational crimes in the field of "agriculture, rural areas and farmers" jointly issued by the Supreme People's Court and the Supreme People's Procuratorate have far-reaching legal significance and practical guidance. After analysis, lawyer Ying Ting believes that it is mainly reflected in the following three aspects:

First, severely punish power rent-seeking and reshape the order of fair competition in the agricultural market. Yang, Chu and others accepted bribes in key links such as high-standard farmland construction and agricultural machinery subsidies, which not only eroded state funds to benefit farmers, but also led to resource misallocation, putting law-abiding private enterprises at a disadvantage in project contracting and subsidy acquisition. Judicial organs severely punish such job-related crimes in accordance with the law, effectively cutting off the black interest chain of "relying on connections and going through the back door", reducing the institutional transaction costs of enterprises, ensuring that truly powerful and trustworthy agricultural-related enterprises can fairly participate in market competition based on their own advantages, so that private entrepreneurs can operate with peace of mind without being forced into gray areas.

Second, strengthen asset protection and build a solid line of defense for financial security for enterprise development. Ding, Dong, Pan and others misappropriated water conservancy construction funds, special immigration funds and pension insurance funds, which directly led to the withholding of relevant project funds, which could easily lead to chain reactions such as project payment arrears and contract breaches, seriously threatening the cash flow and survival security of small, medium and micro agriculture-related enterprises. The judicial organs adhere to the integrated promotion of "recovering stolen goods and recovering losses", and maximize the recovery of economic losses by imposing fines and recovering illegal gains. This not only protects the "pockets" of farmers, but also indirectly guarantees the safety of creditor's rights of enterprises upstream and downstream of the industrial chain, and provides a stable financial environment for agricultural infrastructure construction and public service projects.

Third, build a pro-Qing political and business relationship to boost the investment confidence of private entrepreneurs. The typical cases released this time cover the entire agricultural industry chain, demonstrating the country's firm determination to eradicate corruption in the "agriculture, rural areas and farmers" fields, and sending a strong signal to the whole society that "the rule of law is the best business environment." By eliminating corruption at the grassroots level, the boundaries of public power are clarified, administrative processes are made transparent, and the space for power rent-seeking is compressed from the source. This will help guide the positive interaction between government and enterprises, allow private entrepreneurs to eliminate their concerns, dare to take root in the countryside for a long time, increase investment, and share the dividends of the times of rural revitalization in a clean and upright legal environment.

If the nation is to be rejuvenated, the countryside must be revitalized. The work of "agriculture, rural areas and farmers" is the "base" for promoting Chinese-style modernization, and agricultural and rural modernization is related to the overall situation and quality of Chinese-style modernization. General Secretary Xi Jinping emphasized that 2026 is the first year of the "15th Five-Year Plan" and it is crucial to do a good job in "agriculture, rural areas and farmers". It is necessary to anchor the modernization of agriculture and rural areas and solidly promote the comprehensive revitalization of rural areas. The Fifth Plenary Session of the 20th Central Commission for Discipline Inspection required that we continue to deepen national rectification projects such as rural collective "three capital" management, medical insurance fund management, and elderly care services, and deploy and carry out rectification of high-standard farmland construction issues. The People's Courts and People's Procuratorates thoroughly implement the decisions and arrangements of the Party Central Committee, give full play to the role of judicial functions, severely punish occupational crimes in the field of "agriculture, rural areas and farmers" in accordance with the law, vigorously punish "corruption", and promote the extension of the anti-corruption struggle to the grassroots and to the masses, so that the masses can perceive and benefit from it. In order to give full play to the educational, warning and deterrent effects of typical cases, the Supreme People's Court and the Supreme People's Procuratorate jointly released five typical cases of punishing occupational crimes in the field of "agriculture, rural areas and farmers" in accordance with the law. The typical cases released this time have the following three characteristics:

The first is to insist on severe punishment in accordance with the law. Occupational crimes in the field of "agriculture, rural areas and farmers" infringe upon the interests of farmers and erode the foundation of agricultural and rural development, and the judicial organs will resolutely punish them severely in accordance with the law. In the Yang bribery case, the defendant, as deputy director of the Poverty Alleviation and Development Office and deputy director of the Rural Revitalization Bureau, sought benefits for others during the construction of high-standard farmland, characteristic agricultural bases and other projects, and illegally received more than 3.6 million yuan in property. In the Chu bribery case, the defendant, as the deputy director of the Agricultural Machinery Administration and the deputy director of the Agriculture and Rural Affairs Bureau, abused his power for personal gain during the purchase and sale of agricultural machinery subsidies and illegally received more than 4.39 million yuan in property. Both of them were sentenced to fixed-term imprisonment of more than ten years in accordance with the law, which demonstrates the clear attitude of the judicial organs in vigorously punishing job-related crimes in the field of "agriculture, rural areas and farmers".

The second is to insist on punishment in all fields and all links. The work of "agriculture, rural areas and farmers" covers many key tasks such as agricultural development, rural construction, and farmers' income increase, with many points and wide areas, and the chain is long and wide. The five typical cases released this time involve agricultural industry project construction, agricultural machinery purchase and sales subsidies, farmland water conservancy construction, rural "three-fund" management, farmers' pension insurance and other fields, demonstrating the judicial organs' firm determination to punish job-related crimes in the "agriculture, rural areas and farmers" fields in all fields and in all aspects.

The third is to persist in pursuing the recovery of stolen goods and redressing losses in an integrated manner. Criminal acts such as embezzlement and misappropriation of rural collective assets, national farmers’ funds, and pension insurance funds harm the vital interests of farmers. While severely punishing criminals in accordance with the law, we will intensify economic sanctions and make every effort to recover stolen goods and recover losses. In the five typical cases released this time, the relevant defendants were sentenced to fines in accordance with the law and the criminal proceeds were recovered. Criminals will never be allowed to profit from them and economic losses can be recovered to the maximum extent.

People's courts and people's procuratorates at all levels must thoroughly implement Xi Jinping's thoughts on the rule of law and General Secretary Xi Jinping's important thoughts on the Party's self-revolution, fully implement the spirit of the fifth plenary session of the 20th Central Commission for Discipline Inspection, always maintain a high-pressure posture in punishing corruption, intensify the punishment of corruption crimes in the field of "agriculture, rural areas and farmers", strengthen systematic governance and treat both symptoms and root causes, continue to make efforts in eradicating the soil and conditions that breed corruption in the field of "agriculture, rural areas and farmers", and continue to contribute judicial power to a resolute, protracted and overall war in the fight against corruption.

Directory

1. Yang’s bribery case - punishing occupational crimes in the field of agricultural industry project construction in accordance with the law

2. Chu’s bribery case - punishing occupational crimes in the field of agricultural machinery purchase and sale in accordance with the law

3. Ding’s case of job embezzlement and corruption - punishing job crimes in the field of farmland water conservancy construction in accordance with the law

4. Dong’s case of embezzlement and misappropriation of funds - punishing the official crime of embezzling special funds for immigration in accordance with the law

5. Pan’s misappropriation of public funds case - punishing occupational crimes in the field of farmers’ pension insurance in accordance with the law

From 2011 to 2023, the defendant Yang took advantage of his position as deputy director of the Poverty Alleviation and Development Office and deputy director of the Rural Revitalization Bureau of a certain district. He and others provided assistance in the construction approval, subsidy distribution, project contracting and other aspects of high-standard farmland, characteristic agricultural bases, cold chain processing and other projects, and illegally received a total of more than 3.6 million yuan in property.

The Tongliang District People's Procuratorate of Chongqing accused the defendant Yang of accepting bribes and filed a public prosecution with the Tongliang District People's Court. The Tongliang District People's Court held after trial that Yang, as a state employee, took advantage of his position to illegally accept property and seek benefits for others. The amount was particularly huge, and his behavior constituted the crime of accepting bribes. Yang was sentenced to ten years and three months in prison for accepting bribes and fined RMB 500,000. Recover criminal proceeds and proceeds in accordance with the law. After the verdict was announced, Yang did not appeal within the statutory time limit, and the first-instance judgment has become legally effective.

This case is a typical case in which judicial authorities punish duty-related crimes in the field of agricultural industry project construction in accordance with the law. Industrial revitalization is the top priority of rural revitalization and is of great significance to promoting agricultural and rural modernization, increasing farmers' income and becoming rich, and building a beautiful countryside that is livable, industrial, and beautiful. In this case, the defendant Yang, as the deputy director of the Poverty Alleviation and Development Office and the deputy director of the Rural Revitalization Bureau, was responsible for promoting the construction of agricultural industry projects in accordance with the law. However, he used power for personal gain and trade for money. He provided help to others in the approval, subsidy issuance, and project contracting of high-standard farmland, characteristic agricultural bases, cold chain processing and other project construction, illegally received more than 3.6 million yuan in property, undermined the precise implementation of agricultural industry policies, and eroded the material foundation for rural revitalization. The judicial organs shall punish in accordance with the law, give full play to the deterrent effect of punishment, and provide strong judicial guarantee for the effective implementation of national agricultural industry policies and the promotion of agricultural and rural modernization.

From 2015 to 2023, the defendant Chu took advantage of his position as deputy director of the Agricultural Machinery Administration and deputy director of the Agricultural and Rural Affairs Bureau of a certain district to provide assistance to an agricultural machinery company and other units and individuals in the sales of agricultural machinery and obtaining agricultural machinery purchase subsidies, and illegally received a total of more than 4.39 million yuan in property. After being brought to justice, he reported and exposed the criminal facts of others, which were verified to be true, truthfully confessed the criminal facts, and returned part of the criminal proceeds.

The People's Procuratorate of Hongze District, Huai'an City, Jiangsu Province accused the defendant Chu of accepting bribes and filed a public prosecution with the Hongze District People's Court. The Hongze District People's Court held after trial that Chu, as a state employee, took advantage of his position to illegally accept property and seek benefits for others. The amount was particularly huge, and his behavior constituted the crime of accepting bribes. In view of Chu's meritorious service, confession, and return of part of the proceeds of crime, Chu was sentenced to ten years and one month in prison for accepting bribes and fined RMB 570,000. Recover criminal proceeds and proceeds in accordance with the law. After the verdict was announced, Chu did not appeal within the statutory time limit, and the first-instance judgment has become legally effective.

This case is a typical case in which judicial authorities punish job-related crimes in the field of agricultural machinery purchase and sale in accordance with the law. Standardizing the market order for agricultural machinery purchase and sales in accordance with the law and increasing the utilization rate of modern agricultural machinery are important supports for reducing farmers' operating costs, improving agricultural production efficiency, and accelerating the modernization of agriculture and rural areas. In this case, the defendant Chu, as the deputy director of the Agricultural Machinery Administration and the deputy director of the Agriculture and Rural Affairs Bureau, took advantage of his position to seek personal gain in the field of agricultural machinery purchase and sales, especially in the subsidy link for agricultural machinery purchase and sale, and illegally accepted property, harming the vital interests of farmers and disrupting the order of the agricultural machinery purchase and sale market. The judicial organs punished them in accordance with the law, effectively maintaining the order of the agricultural machinery purchase and sale market, and demonstrating the judicial organs' responsibility to escort the comprehensive revitalization of the countryside.

From 2016 to 2024, the defendant Ding took advantage of his position as secretary of the party branch, village director, and president of the economic cooperative in a certain village. In the process of organizing water conservancy construction projects such as river management projects and plain management projects, he used means such as inflated compensation objects and personnel wages to obtain a total of more than 2.6 million yuan in village collective funds. In 2016, while assisting the people's government in water conservancy construction, returning farmland to forest and other projects, Ding took advantage of his position to defraud more than 200,000 yuan in compensation. After being brought to justice, Ding truthfully confessed the facts of the crime and returned all criminal proceeds.

The Beijing Fangshan District People's Procuratorate accused the defendant Ding of committing the crime of job embezzlement and corruption, and filed a public prosecution with the Fangshan District People's Court. The Fangshan District People's Court held after trial that Ding, as a staff member of a rural grassroots organization, took advantage of his position to illegally take possession of the property of his unit in a huge amount, and his behavior constituted the crime of official embezzlement; in the process of assisting the people's government in administrative work, he took advantage of his position to defraud public property in a huge amount, and his behavior constituted the crime of corruption. In view of Ding's confession and return of all criminal proceeds, Ding was sentenced to four years' imprisonment for job embezzlement and a fine of RMB 200,000; for corruption, he was sentenced to three years' imprisonment and a fine of RMB 200,000. It was decided to implement a five-year imprisonment and a fine of RMB 400,000. Recover criminal proceeds and proceeds in accordance with the law. After the verdict was pronounced, Ding did not appeal within the statutory time limit, and the first-instance judgment has become legally effective.

This case is a typical case in which judicial authorities punish duty-related crimes in the field of farmland water conservancy construction in accordance with the law. Water conservancy is the lifeblood of agriculture, and farmland water conservancy construction is a basic project related to the national economy and people's livelihood and has important strategic significance. In this case, the defendant Ding, as the village party branch secretary, village director, and president of the economic cooperative, was a "key minority" who organized the village collective to carry out farmland water conservancy construction. However, he took advantage of his position to enrich himself and embezzled water conservancy construction funds. This not only violated the integrity of his official behavior, but also undermined the order of water conservancy construction fund management. Judicial organs punish crimes in accordance with the law, effectively deterring crimes and serving as a good warning and education.

From 2006 to 2023, the defendant Dong took advantage of his position as president of a certain village and a certain society, and in the process of assisting a certain hydropower station immigration working group to engage in population, housing, and land survey and registration work, he used means such as falsely increasing his household registration to defraud a total of more than 210,000 yuan in special immigration funds for personal expenses. In 2014, Dong took advantage of his position as secretary of a village party branch to misappropriate 200,000 yuan in village collective public facility compensation for profit-making activities. After being brought to justice, Dong truthfully confessed the facts of the crime and returned all criminal proceeds.

The People's Procuratorate of Danchang County, Gansu Province accused the defendant Dong of committing corruption and misappropriation of funds, and filed a public prosecution with the Danchang County People's Court. The People's Court of Dangchang County held after trial that Dong, as the person in charge of a rural grassroots organization, took advantage of his position to defraud special immigration funds in a huge amount while assisting the people's government in administrative work, and his behavior constituted the crime of corruption; he took advantage of his position as secretary of the village party branch to misappropriate village collective funds and loaned them to others for profit-making activities. The amount was relatively large, and his behavior constituted the crime of misappropriation of funds. In view of Dong's confession and return of all criminal proceeds, Dong was sentenced to three years in prison for corruption and fined RMB 200,000; Dong was sentenced to six months in prison for misappropriation of funds, and decided to execute three years' imprisonment and fined RMB 200,000. Recover criminal proceeds and proceeds in accordance with the law. After the verdict was announced, Dong did not appeal within the statutory time limit, and the first-instance judgment has become legally effective.

This case is a typical case in which judicial authorities punish official crimes of embezzlement of special immigration funds in accordance with the law. Special funds for immigrants are "development money" that guarantees the basic livelihood of immigrants and maintains the stability of rural society. In this case, the defendant Dong, as the person in charge of a rural grassroots organization, took advantage of his position to defraud special immigration funds while assisting the people's government in administrative work, harming the vital interests of the people. The judicial organs will punish them in accordance with the law, help standardize the management order of special immigration funds, and effectively enhance the people's sense of gain, happiness, and security.

From 2020 to 2024, the defendant Pan took advantage of his position as a village accountant, party branch member, etc., and in the process of assisting the people's government in collecting and remitting pension insurance funds for the village, he repeatedly misappropriated the collected and paid villagers' pension insurance funds totaling more than 380,000 yuan, which was used for personal and family living expenses, and has not been repaid for more than three months. After being brought to justice, Pan truthfully confessed the facts of the crime and returned all the proceeds from the crime.

The People's Procuratorate of Huarong District, Ezhou City, Hubei Province accused the defendant Pan of committing the crime of misappropriating public funds and filed a public prosecution with the People's Court of Huarong District. The Huarong District People's Court held after trial that the defendant Pan, as a staff member of a rural grassroots organization, took advantage of his position to misappropriate public funds for personal use while assisting the people's government in administrative work. The amount was relatively large and was not repaid for more than three months. His behavior constituted the crime of misappropriation of public funds. In view of Pan's confession and return of all criminal proceeds, Pan was sentenced to one year in prison for the crime of misappropriation of public funds. Recover criminal proceeds and proceeds in accordance with the law. After the verdict was announced, Pan did not appeal within the statutory time limit, and the first-instance judgment has become legally effective.

This case is a typical case in which judicial authorities punish job-related crimes in the field of farmers’ pension insurance in accordance with the law. Pension insurance for rural residents is the basic living security for the elderly in rural areas, and is an important measure to benefit the people to ensure that farmers have "a provision for their old age." The interception and misappropriation of funds infringes on the security of national social security funds and harms the vital interests of farmers. In this case, the defendant Pan, as a village accountant and party branch member, took advantage of his position to misappropriate villagers' pension insurance funds and disrupt the management order of pension insurance funds while assisting the people's government in administrative management. The judicial organs shall punish them in accordance with the law, effectively protect the safety of the "pension money" of the grassroots people, and provide effective judicial services and guarantees for building a livable, industrial and beautiful countryside.

Source: Information Bureau of the Supreme People's Court