Legal information

Article introduction: Your compensation for expropriation and demolition is too low? It may have been invaded by these people! Can I be sentenced? If the demolition party's staff absconds with the demolition money, what crimes might they be suspected of? What responsibilities?

Part one, case

There is such a case. After hearing that land acquisition and demolition were about to take place, Wang, a staff member in a certain urban area, teamed up with relatives to build a breeding farm, defrauded a huge 5 million yuan in land acquisition compensation, and then absconded. What crime could be involved in this situation? If it is found out that Wang was not involved in the rush to build a breeding farm, what crimes might he be suspected of? Depending on the facts of the case, Wang and other responsible persons may be involved in crimes such as fraud, job embezzlement, corruption, and bribery. In addition to being involved in the above crimes, other responsible personnel may also be suspected of dereliction of duty.

Part 2. What crimes may the suspect be involved in?

Case 1: Fraud

1. According to Article 266 of the Criminal Law of the People's Republic of China, the crime of fraud refers to the act of defrauding a relatively large amount of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession. If "the demolition party staff member" Wang has premeditated and deliberately colluded with other people to commit crimes in a gang, the principal, accomplice, and coercive accomplice can be identified based on each person's role in the joint crime, so as to bear corresponding criminal liability.

2. In this case, if the livestock farm involved in the case was expropriated and demolished, if emergency repairs were indeed carried out, the compensation received would also be illegal income. If after investigation it does not constitute rush repair and rush construction, and the compensation is legal and complies with the relevant laws and regulations on land acquisition and demolition, local policies, the resettlement compensation plan of the project, etc., then Wang may not be guilty of fraud.

3. According to the "Criminal Law of the People's Republic of China", if an individual defrauds public or private property of more than 200,000 yuan, the amount of fraud is extremely large. The extremely huge amount of fraud is an important factor in determining the "particularly serious circumstances" of a fraud crime, but it is not the only factor. If the amount of fraud is more than 100,000 yuan and one of the other nine circumstances occurs, it should also be deemed as "particularly serious."

In this case, the suspect defrauded 5 million yuan in compensation, which has reached the level of "extremely huge amount of fraud" in the criminal law.

4. Ying Ting believes that if Wang is found guilty of fraud, he may be subject to severe legal sanctions. According to the laws of our country, if the amount is particularly huge or there are other particularly serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or have property confiscated.

Scenario 2: Crime of official embezzlement and crime of corruption

1. According to Article 271 of the "Criminal Law of the People's Republic of China", the crime of official embezzlement refers to the behavior of personnel of a company, enterprise or other unit who take advantage of their position to illegally take possession of the unit's property for themselves in a relatively large amount. The criminal object of this crime is the property ownership of a company, enterprise or other unit. According to Article 382 of the Criminal Law of the People's Republic of China, the crime of corruption refers to the behavior of state functionaries taking advantage of their positions to embezzle, steal, defraud or illegally possess public property by other means. Persons who are entrusted by state agencies, state-owned companies, enterprises, institutions, and people's organizations to manage and operate state-owned property, who take advantage of their positions to embezzle, steal, defraud, or illegally possess state-owned property by other means shall be charged with corruption.

2. In this case, if Wang is a formally established state employee (civil servant) and embezzles legal compensation for land acquisition and demolition, he may be suspected of committing corruption.

3. According to the provisions of our country’s criminal law, those who embezzle an extremely huge amount or have other particularly serious circumstances shall be sentenced to fixed-term imprisonment of more than ten years or life imprisonment, and shall also be fined or have their property confiscated; if the amount is particularly huge and cause particularly heavy losses to the interests of the country and the people, they shall be sentenced to life imprisonment or death, and their property shall be confiscated.

Situation 3: Bribery crime

1. According to Article 385 of the Criminal Law of the People's Republic of China, the crime of accepting bribes refers to the behavior of state functionaries taking advantage of their positions to solicit property from others, or illegally accepting property from others to seek benefits for others. The crime of accepting bribes violates the integrity of state personnel's official behavior and the ownership of public and private property. The crime of accepting bribes seriously affects the normal performance of state agencies' functions, damages the image and reputation of state agencies, and also infringes on certain property relationships. The subjective aspect of the crime of accepting bribes is intentional, with the purpose of illegally possessing public and private property. Objectively speaking, it manifests as taking advantage of one's position to ask for other people's property, or illegally accepting other people's property to seek benefits for others. Paragraph 2 stipulates: “If a state employee violates state regulations and accepts kickbacks and handling fees in various names during economic transactions, which are owned by individuals, they shall be punished as bribes.”

2. If Wang did not organize and plan the rush to build a breeding farm and did not premeditate to defraud compensation money, what crime could he be involved in? Ying Ting understood this. If he only took advantage of his position to accept bribes and helped the demolished farmers to defraud compensation, then Wang might be suspected of accepting bribes.

3. If the amount of embezzlement or bribery in Article 2 of the Criminal Law is more than 200,000 yuan but less than 3 million yuan, it shall be deemed as a "huge amount" as stipulated in the first paragraph of Article 383 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined or have property confiscated. Article 3 of the Criminal Law: If the amount of embezzlement or bribery exceeds 3 million yuan, it shall be deemed to be an "extremely huge amount" as stipulated in the first paragraph of Article 383 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of more than ten years, life imprisonment, or death, and shall also be fined or have property confiscated.

Situation 4: Crime of dereliction of duty

1. The crime of dereliction of duty refers to the behavior of state agency staff who take advantage of their positions or engage in malpractice for personal gain, abuse their power, or neglect their duties, hindering the normal activities of state agencies, damaging the public's trust in the objective and impartiality of state agency staff's official activities, and causing heavy losses to the interests of the country and the people. The crime of dereliction of duty stipulated in the criminal law is to protect the normal activities of state agencies and the public's trust in the objectivity and impartiality of state agency staff's official activities.

2. The crime of dereliction of duty is a behavior in which state functionaries are seriously irresponsible for their work, resulting in heavy losses to public property, the interests of the country and the people. According to Chinese criminal law, it is a crime of dereliction of duty. The main features of this crime: (1) The subject of the crime must be a state employee. (2) Subjectively due to the perpetrator’s official fault, such as negligence, overconfidence, absence from duty, etc. (3) Objectively speaking, the actor fails to perform or incorrectly performs his responsibilities, resulting in heavy losses to public property, the interests of the country and the people. The object of infringement of this crime is the normal activities of state agencies, and the object of infringement can be public property or the person and property of citizens. The final result is that a specific work of the state agency is destroyed, causing serious damage to the interests of the country, the collective and the people, thus endangering the normal activities of the state agency.

3. If Wang in this case did not intentionally commit a crime, but was negligent and irresponsible, and the person responsible for rushing to build a breeding farm received illegal compensation, Wang may be suspected of dereliction of duty. If Wang deliberately colludes with relatives to illegally obtain state property, it may involve abuse of power and malpractice for personal gain.

Part 3: my country’s approach to obtaining compensation for expropriation and demolition through “rush construction”

“Parties who use rushing to build illegal buildings as a means to hinder and damage the urban construction of new areas and illegally defraud the state’s economic compensation will be handed over to the administrative and judicial departments such as planning and land, construction, industry and commerce, taxation, public security, and procuratorial organs for investigation, and their legal responsibilities will be investigated in accordance with the law. If a crime is constituted, their criminal responsibility will be investigated in accordance with the law.

Yingting reminds you:

According to the relevant laws and regulations of our country, any organization or individual has the right to report violations of these regulations to the relevant people's government, housing expropriation department and other relevant departments. If your legitimate rights and interests are infringed and the problem cannot be solved through reporting, you can also take the following ways to safeguard your legitimate rights and interests.

(1) If the staff of the expropriating party fails to perform their duties in the "Regulations on the Expropriation and Compensation of Houses on State-owned Land" during the house expropriation and compensation work, or engages in malpractice for personal gain, neglects their duties, or abuses their power, the superior government or the government at the same level shall order corrections and notify them of criticism.

(2) If the expropriated person suffers losses due to the expropriation party’s illegal behavior, he shall bear financial compensation liability.

(3) The directly responsible person in charge and other directly responsible personnel should be subject to relevant administrative sanctions in accordance with the law.

(4) If the behavior of the staff of the expropriating party violates the criminal law and constitutes a crime, their criminal liability must be pursued.

(6) If the tax is collected by means of deception, threats, etc., administrative sanctions shall be imposed in accordance with the law, or the person directly responsible shall bear corresponding disciplinary liability, compensation liability, and criminal liability.

(7) Anyone who embezzles, misappropriates, privately distributes, withholds or defaults on expropriation compensation fees shall be ordered to make corrections, the money shall be recovered, and the illegal gains shall be returned within a time limit. And circulate criticism and give warnings. If losses are caused, the responsible party shall be liable for compensation. If a crime is constituted, criminal liability shall be pursued in accordance with the law. If a crime is not constituted, administrative sanctions will be imposed in accordance with the law.