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随着城镇化建设步伐的加快,农村土地开发与流转日益成为地方政府城镇化建设的工作重心,村官群体也在我国的城镇化进程中扮演着越来越重要的角色。村官手中掌握着很大的土地处置权以及与土地相关的其他权力,这些权力构成了村官的寻租平台,在村集体土地的整理、征用和交易过程中,“村官”腐败现象滋生并蔓延开来。村官腐败问题严重地损害了农村社会肌体的健康,也成为农民信访高潮的重要诱因。然而,检察机关等权力机关面对汹涌而来的农民反映村官腐败问题的信访浪潮却有心无力。刑事立法在村官身份问题上的含混给检察机关带来了严重的认识困惑,制约了检察机关查办村官腐败问题的积极性;而更深层的原因则是中国农村超复杂的社会生态。村官对中国农村的治理非常清晰而生动地展示了中国特色的乡村治理模式与架构,那就是国家权力与乡土权威的互动、国家法律与地方知识的共洽。这种互动与共洽所形成的中国特色的地方秩序,维系着中国农村的运行。在这种模式中,既有国家的经络,又有社会的架构;既不是简单的国家,也不是纯粹的社会,这使得村官同时拥有国家代理人和村民代理人的双重面孔,使村官的身份显得相当模糊。这正是造成村官刑法身份困惑的深层原因。
With the accelerating pace of urbanization, rural land development and circulation increasingly become the focus of urbanization of local governments. Village groups also play an increasingly important role in the process of urbanization in our country. The village officials hold a great deal of land disposal rights and other land-related powers that form the rent-seeking platform for the village officials. In the course of the consolidation, expropriation and transaction of the village collective land, the “village officials” The phenomenon breeds and spreads. The corruption of village officials seriously damaged the health of rural social bodies and became an important incentive for the climax of the farmers’ letters and visits. However, prosecutors and other organs of power faced the surge in petitioners’ responses to the corruption of village officials in the face of turmoil. The ambiguity of criminal legislation in the identity of village officials brought serious doubts to the procuratorial organs and restricted the enthusiasm of procuratorial organs in investigating the corruption of village officials. The deeper reason was the super-complex social ecology in rural China. The village officials’ governance of Chinese countryside shows very vividly and vividly the model and structure of village governance with Chinese characteristics. That is the interaction between state power and native authority and the mutual contact of state law and local knowledge. This kind of interaction and co-ordination with the formation of local order with Chinese characteristics, maintaining the operation of rural China. In this model, both the meridians of the country and the social structure are neither simple nor purely social, which makes the village officials possess the dual faces of state agents and villager agents, so that the village officials The identity seems quite vague. This is the deep reason why the village official criminal law is confused.