5 thoughts on “What legal responsibility should be held for villagers' elections to take bribes and draw tickets”
Ron
Those who violate public security management shall be punished in accordance with the law; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law. The election law Article 55 In order to ensure that the right to votes and represents the right to votes and the right to be elected, if one of the following acts, destroy the election, violate the laws and order management regulations, shall be punished in accordance with the law. Criminal responsibility: (1) Bring voters or representatives with money or other property to obstruct the right of voters and representatives to exercise the right to vote and be elected; Or other illegal means to obstruct the right to voters and representatives to exercise the right to vote and be elected;
(3) Forge the number of election documents, the number of votes for the vote, or other illegal acts;
( 4) For those who are illegal in the prosecution and reporting elections, or those who ask for removal of representatives to suppress and retaliate, they shall also give administrative sanctions in accordance with the law. The election of the illegal act listed in the first paragraph of this article is invalid.
The institution that hosted the election found that there is an act of destroying the election or a report that receives the destruction election, shall be investigated and handled in accordance with the law in a timely manner; deal with.
The expansion information: Cases: 1. The former director of the village committee issued 140,000 yuan of cigarettes and voted for bribes. Ma Wenhui, the former director of the Lingcun Village Committee and a member of the party branch, used the convenience of his position to provide help for others to receive green seedlings subsidies and receive a bribe of 50,000 yuan.
In February 2014, Ma Wenhui purchased 140,000 yuan of cigarettes to votes to vote for the village committee during the election of the village committee. Ma Wenhui was fired from the party, and his suspected crime was transferred to the judicial organs to deal with it in accordance with the law.
2, the village branch letter of 113,000 yuan public funds, 80 people were severely warned in July 2013, Huang Kunping, the secretary of the party branch of Miaonan Village, Hengli Town, Nansha District, organized the "two committees" cadres and villagers of the village. The team leader, members of the villagers' wealth management team and villagers' supervision committee, ordinary party members and villagers' representatives a total of 80 people, using the village collective funds of RMB 113,000 to travel to Beijing, Hezhou, Guangxi, and Guangdong Heyuan.
It 23,000 yuan for tourism subsidies for 42 villages who have not participated in public funds. Huang Kunping was severely warned by the party, and the public funds that were used in violation of regulations and issued were recovered.
The reference materials: People's Daily-Director of a village committee in Guangdong issued 140,000 yuan cigarettes to vote for bribery
Article 55 of the Election Law In order to ensure the right to voters and representatives to exercise the right to vote and be elected, if one of the following behaviors, destroy the election, violate the laws and order management regulations, shall be punished in accordance with the law; (1) Bring voters or representatives with money or other property to obstruct the right to voters and representatives to exercise the right to vote and be elected; ) Freedom exercise the right to vote and the right to be elected; (3) Forge the number of election documents, the number of votes of the election votes, or other illegal acts; (4) If the person who requires the removal of the representative to suppress and retaliates, if the state staff has the actions listed in the preceding paragraph, it shall also give administrative sanctions in accordance with the law. The election of the illegal act listed in the first paragraph of this article is invalid. The institution that hosted the election found that there is an act of destroying the election or a report on the destruction of the election behavior shall be investigated and handled in accordance with the law in a timely manner; if the legal responsibility is required, the relevant authorities shall be transferred to the relevant authorities in a timely manner to deal with it. The expansion information 1. The processing of bribery candidates The criminal responsibility for criminal crimes. Article 256 of the Criminal Law of the People's Republic of China stipulates: "When the representatives of the People's Congress of the People's Congress and the leaders of the state organs, the elections are damaged by the violence, threat, deception, bribery, forge election documents, false report votes, or obstructing voters. If you freely exercise the right to vote and be elected, the circumstances are serious, and he will be sentenced to imprisonment, detention or deprivation of political rights for less than 3 years. " The crime of destructive election belongs to the scope of investigation of the people's procuratorate. "Serious circumstances" is a necessary condition for constituting the crime. Whether the circumstances are "serious", we must combine the size of the briber amount (the total bribery amount does not have a clear limit of the lower limit in the case of law and judicial interpretation, the author believes that it can be implemented with reference to the case of more than 10,000 yuan in bribery. The amount received can be comprehensively analyzed whether the amount can be sufficient to influence the election's voting intention to judge the quota), the number of bribes, the degree of damage to the election work, and the degree of social impact. The non -crime of bribery, but if it violates the punishment of public security management, punishment is given in accordance with the law. Article 23 (5) of Article 23 (5) of the "People's Republic of China Public Security Management Punishment Law" stipulates that if the election procedure conducts in accordance with the law shall be warned or a fine of less than 200 yuan; And imposed a fine of less than 500 yuan. The bribery candidates are state staff. They must constitute the fact that disciplinary violations will inevitably be in accordance with the law. While investigating legal responsibilities, they should also give administrative sanctions in accordance with the law. In addition, in view of the strong working time of the election, in order to find out illegal acts in time, if necessary, the people's procuratorate and public security organs must intervene in advance. Reference materials Source: Baidu Encyclopedia_bringe
Xinzha Village, Beicheng Street Office, Liaocheng Street, Shandong Province, On February 2, 2018, the villager Liu Mou and the woman director Kongmou jointly used relatives to distribute a shopping card worth 100 yuan to the villagers on the first night of the election. If you drink a milk card 50 yuan, you can also receive a bag of 50 yuan of rice from the red supermarket of relative Liu Mou, who is unwilling to drink milk with this milk card. It is expected that a leader of the township government announced the successful election (a certain leader of the township government also knew that the incident was delivered, and he could only earn one eye and close one eye). Liu and Kong were happy to try. They set off a banquet that night to celebrate. Because of the last election, Kong sent a barrel of oil at each household in Xinzha Village at night in the election. The valuable magic method of election coincides with one fell swoop, winning Liu's director and Kong's woman director.
The "Organization Law of the People's Republic of China" Article 17 If you are elected members of the Villagers' Council with improper means such as violence, threats, deception, bribery, falsification votes, and false reporting votes, the election is invalid. The unproper means such as violence, threats, deception, bribery, falsification votes, false reporting votes, etc., to obstruct the villagers to exercise the right to vote, be elected, and destroy the villagers' committees. The People's Congress, the Standing Committee of the People's Government or the county -level people's congress, and the people's governments and their relevant competent authorities are reported by the township or county -level people's government to investigate and deal with it according to law.
Article 55 of the Election Law In order to ensure the right to voters and representatives to exercise the right to vote and be elected, if one of the following behaviors, destroy the election, violate the laws and order management regulations, shall be punished in accordance with the law; (1) Bring voters or representatives with money or other property to obstruct the right to voters and representatives to exercise the right to vote and be elected; (2) Freedom exercise the right to vote and the right to be elected; (3) Forge the number of election documents, the number of votes of the election votes, or other illegal acts; (4) Requesting the delegates to suppress and retaliate. If national staff who have the acts listed in the preceding paragraph, they shall also give administrative sanctions according to law. I was elected with illegal acts listed in the first paragraph of this article. The election was invalid. The institution that hosted the election found that there is an act of destroying the election or a report on the destruction of the election behavior shall be investigated and handled in accordance with the law in a timely manner; if the legal responsibility is required, the relevant authorities shall be transferred to the relevant authorities in a timely manner to deal with it.
Those who violate public security management shall be punished in accordance with the law; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law.
The election law Article 55 In order to ensure that the right to votes and represents the right to votes and the right to be elected, if one of the following acts, destroy the election, violate the laws and order management regulations, shall be punished in accordance with the law. Criminal responsibility:
(1) Bring voters or representatives with money or other property to obstruct the right of voters and representatives to exercise the right to vote and be elected; Or other illegal means to obstruct the right to voters and representatives to exercise the right to vote and be elected;
(3) Forge the number of election documents, the number of votes for the vote, or other illegal acts;
( 4) For those who are illegal in the prosecution and reporting elections, or those who ask for removal of representatives to suppress and retaliate, they shall also give administrative sanctions in accordance with the law. The election of the illegal act listed in the first paragraph of this article is invalid.
The institution that hosted the election found that there is an act of destroying the election or a report that receives the destruction election, shall be investigated and handled in accordance with the law in a timely manner; deal with.
The expansion information:
Cases:
1. The former director of the village committee issued 140,000 yuan of cigarettes and voted for bribes. Ma Wenhui, the former director of the Lingcun Village Committee and a member of the party branch, used the convenience of his position to provide help for others to receive green seedlings subsidies and receive a bribe of 50,000 yuan.
In February 2014, Ma Wenhui purchased 140,000 yuan of cigarettes to votes to vote for the village committee during the election of the village committee. Ma Wenhui was fired from the party, and his suspected crime was transferred to the judicial organs to deal with it in accordance with the law.
2, the village branch letter of 113,000 yuan public funds, 80 people were severely warned
in July 2013, Huang Kunping, the secretary of the party branch of Miaonan Village, Hengli Town, Nansha District, organized the "two committees" cadres and villagers of the village. The team leader, members of the villagers' wealth management team and villagers' supervision committee, ordinary party members and villagers' representatives a total of 80 people, using the village collective funds of RMB 113,000 to travel to Beijing, Hezhou, Guangxi, and Guangdong Heyuan.
It 23,000 yuan for tourism subsidies for 42 villages who have not participated in public funds. Huang Kunping was severely warned by the party, and the public funds that were used in violation of regulations and issued were recovered.
The reference materials: People's Daily-Director of a village committee in Guangdong issued 140,000 yuan cigarettes to vote for bribery
Article 55 of the Election Law In order to ensure the right to voters and representatives to exercise the right to vote and be elected, if one of the following behaviors, destroy the election, violate the laws and order management regulations, shall be punished in accordance with the law;
(1) Bring voters or representatives with money or other property to obstruct the right to voters and representatives to exercise the right to vote and be elected;
) Freedom exercise the right to vote and the right to be elected;
(3) Forge the number of election documents, the number of votes of the election votes, or other illegal acts;
(4) If the person who requires the removal of the representative to suppress and retaliates, if the state staff has the actions listed in the preceding paragraph, it shall also give administrative sanctions in accordance with the law. The election of the illegal act listed in the first paragraph of this article is invalid.
The institution that hosted the election found that there is an act of destroying the election or a report on the destruction of the election behavior shall be investigated and handled in accordance with the law in a timely manner; if the legal responsibility is required, the relevant authorities shall be transferred to the relevant authorities in a timely manner to deal with it.
The expansion information
1. The processing of bribery candidates
The criminal responsibility for criminal crimes. Article 256 of the Criminal Law of the People's Republic of China stipulates: "When the representatives of the People's Congress of the People's Congress and the leaders of the state organs, the elections are damaged by the violence, threat, deception, bribery, forge election documents, false report votes, or obstructing voters. If you freely exercise the right to vote and be elected, the circumstances are serious, and he will be sentenced to imprisonment, detention or deprivation of political rights for less than 3 years. "
The crime of destructive election belongs to the scope of investigation of the people's procuratorate. "Serious circumstances" is a necessary condition for constituting the crime. Whether the circumstances are "serious", we must combine the size of the briber amount (the total bribery amount does not have a clear limit of the lower limit in the case of law and judicial interpretation, the author believes that it can be implemented with reference to the case of more than 10,000 yuan in bribery. The amount received can be comprehensively analyzed whether the amount can be sufficient to influence the election's voting intention to judge the quota), the number of bribes, the degree of damage to the election work, and the degree of social impact.
The non -crime of bribery, but if it violates the punishment of public security management, punishment is given in accordance with the law. Article 23 (5) of Article 23 (5) of the "People's Republic of China Public Security Management Punishment Law" stipulates that if the election procedure conducts in accordance with the law shall be warned or a fine of less than 200 yuan; And imposed a fine of less than 500 yuan.
The bribery candidates are state staff. They must constitute the fact that disciplinary violations will inevitably be in accordance with the law. While investigating legal responsibilities, they should also give administrative sanctions in accordance with the law.
In addition, in view of the strong working time of the election, in order to find out illegal acts in time, if necessary, the people's procuratorate and public security organs must intervene in advance.
Reference materials Source: Baidu Encyclopedia_bringe
Xinzha Village, Beicheng Street Office, Liaocheng Street, Shandong Province, On February 2, 2018, the villager Liu Mou and the woman director Kongmou jointly used relatives to distribute a shopping card worth 100 yuan to the villagers on the first night of the election. If you drink a milk card 50 yuan, you can also receive a bag of 50 yuan of rice from the red supermarket of relative Liu Mou, who is unwilling to drink milk with this milk card. It is expected that a leader of the township government announced the successful election (a certain leader of the township government also knew that the incident was delivered, and he could only earn one eye and close one eye). Liu and Kong were happy to try. They set off a banquet that night to celebrate. Because of the last election, Kong sent a barrel of oil at each household in Xinzha Village at night in the election. The valuable magic method of election coincides with one fell swoop, winning Liu's director and Kong's woman director.
The "Organization Law of the People's Republic of China"
Article 17 If you are elected members of the Villagers' Council with improper means such as violence, threats, deception, bribery, falsification votes, and false reporting votes, the election is invalid.
The unproper means such as violence, threats, deception, bribery, falsification votes, false reporting votes, etc., to obstruct the villagers to exercise the right to vote, be elected, and destroy the villagers' committees. The People's Congress, the Standing Committee of the People's Government or the county -level people's congress, and the people's governments and their relevant competent authorities are reported by the township or county -level people's government to investigate and deal with it according to law.
Article 55 of the Election Law In order to ensure the right to voters and representatives to exercise the right to vote and be elected, if one of the following behaviors, destroy the election, violate the laws and order management regulations, shall be punished in accordance with the law;
(1) Bring voters or representatives with money or other property to obstruct the right to voters and representatives to exercise the right to vote and be elected;
(2) Freedom exercise the right to vote and the right to be elected;
(3) Forge the number of election documents, the number of votes of the election votes, or other illegal acts;
(4) Requesting the delegates to suppress and retaliate.
If national staff who have the acts listed in the preceding paragraph, they shall also give administrative sanctions according to law.
I was elected with illegal acts listed in the first paragraph of this article. The election was invalid.
The institution that hosted the election found that there is an act of destroying the election or a report on the destruction of the election behavior shall be investigated and handled in accordance with the law in a timely manner; if the legal responsibility is required, the relevant authorities shall be transferred to the relevant authorities in a timely manner to deal with it.