Criminal

Research on Criminal Risks of Village Three Cadres and Risk Prevention Countermeasures

12 MIN READ
ABSTRACT

With the proposal of rural revitalization strategy and extension of supervision to village level, village committee cadres should find their positioning in the overall development, serve as village representatives while setting examples and improving rural customs.

Introduction

With the proposal of rural revitalization strategy and extension of supervision to village level, village committee cadres should find their positioning in the overall development, serve as village representatives while setting examples and improving rural customs. This article starts from village three cadres’ criminal statistics, discusses village official crime phenomena and causes, and proposes targeted risk response measures.

Village officials should prioritize their own risks, especially criminal risks, conduct compliance self-examinations as early as possible, and timely engage lawyers to help protect their legitimate rights.

I. Introduction

In December 2020, China achieved decisive victory in poverty alleviation. With consolidation of poverty alleviation results, the Party’s work focus gradually shifted to fully implementing rural revitalization strategy. Rural revitalization involves not only economic development but also political, cultural, and spiritual civilization aspects in an integrated manner. Rule of law countryside is an important guarantee for rural development.

II. Village Official Crime Statistics

A. Who are Village Officials?

Village officials generally refer to “two committee” members — village party branch committee and village committee. But statistics show village officials involved in crimes mainly concentrate in “village three cadres”: village party secretary, village committee director, and village accountant, accounting for over 80% of criminal cases.

B. Statistics on Village Official Crimes

Over the past five years, statistics on top 10 charges for village officials (party secretaries, committee directors, village accountants) show: except for picking quarrels and provoking trouble, extortion, and forced transactions, the other 7 types are related to officials’ positions, accounting for 78%. Corruption and bribery crimes are the most severe, exceeding half of position-related crimes at 41%.

III. Analysis of Village Official Crime Phenomena

A. “Black-Red Mixed”

Two forms: “from red to black” — village officials becoming black society organization leaders; or “from black to red” — black society leaders packaged as village officials.

B. “Many People Make Things Easier”

Reliance on electoral origins means village officials have some mass base. When involved in crimes, many get implicated. This includes clan power influence and building interest groups.

C. “Pie Becomes Trap”

Government land acquisition, village reconstruction, and poverty alleviation projects bring compensation funds. Facing such “meat,” some village officials succumb to temptation, turning “pie” into prison “trap.”

IV. Causes of Village Official Crimes

A. Weak Legal Awareness

Village cadres receive relatively less integrity education and legal education, with weaker willpower to resist temptation or identify violations.

B. Weak Standard Awareness

Financial disclosure and democratic financial management systems are not fully implemented. Some treat village finances as “family finances,” lacking democratic management or financial disclosure.

C. Old “Guanxi” Thinking

Some village officials, after taking positions, believe repaying family is natural human sentiment, weakening servant consciousness and letting family interests cloud judgment.

D. Lag in Rural Legal Construction

  • Absence of legal aid
  • Lack of government support
  • Defects in event resolution

E. Formal Supervision

Current village cadre management involves multiple departments with poor coordination, leading to supervision becoming mere formality.

V. Countermeasures and Suggestions

A. Improve Legal Awareness

Strengthen ideological and legal education for village cadres, enhance belief and party discipline education.

B. Enhance Standard Awareness

Strengthen and implement financial systems including bookkeeping, personnel arrangements, approval, and disclosure.

C. Remove Guanxi Thinking

Fully leverage deterrent and preventive effects of crime punishment.

D. Accelerate Legal Construction

Increase publicity, innovate methods, establish government legal aid committees, guide compliant event handling.

E. Implement Supervision

For party members, party organization and disciplinary supervision. For non-party members, implement supervision law provisions, establish county-level supervision committees.

Conclusion

Using power outside regulations, not coveting wealth outside vision, not committing minor evils outside bottom lines, not cultivating unhealthy hobbies — controlling desires and power — is the best firewall village officials can establish for themselves.

Village officials should conduct risk compliance as early as possible, self-examine whether their behaviors violate laws and regulations, and promptly remedy situations. When involved in criminal crimes, promptly seek professional legal help, fully utilizing the maximum 37 days from public security detention to procuratorate arrest approval for lawyers to help protect legitimate rights.

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RESEARCH TEAM

CHEN Gonghui Senior Partner

Chen Gonghui, male, born April 1973, holds an LLM from South China University of Technology. He is currently a Senior Partner at Long An (Guangzhou) Law Firm. With twenty-three years of practical experience in economic crime investigation within the public security system, Chen has established a legal team and handled hundreds of criminal cases primarily involving commercial crime, positional crime, entrepreneur (executive) crime, financial securities and insurance crime, contract fraud crime, environmental crime, and criminal-civilian intersections. He has developed a series of criminal non-litigation products including specialized criminal compliance analysis, criminal complaints, criminal emergency response plans, intellectual property criminal protection, enterprise anti-corruption and anti-fraud solutions, crime prevention for shareholders and executives, and enterprise criminal risk compliance system design. Contact: 47/F, Block A, Victoria Plaza, 103 Tiyu West Road, Tianhe District, Guangzhou; Postal Code: 510620; Tel: 13902231368.

CHEN Wentao Law Assistant

Chen Wentao, male, is a legal assistant at Long An (Guangzhou) Law Firm, holding a bachelor's degree from Sun Yat-sen University.