How to convict village cadres of illegally removing relatives?

This behavior is suspected of abuse of power.

The crime of abuse of power refers to the behavior of the staff of state organs who deliberately exceed their powers, violate legal decisions, handle matters that they have no right to decide or handle, or handle official duties in violation of regulations, resulting in heavy losses to public property, the state and the people's interests.

Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Dereliction of Duty (I)

Article 1 Any functionary of a state organ who abuses his power or neglects his duty in any of the following circumstances shall be deemed as "public property and the interests of the state and the people have suffered heavy losses" as stipulated in Article 397 of the Criminal Law:

(1) Causing more than 1 person to die, or seriously injuring more than 3 people, or slightly injuring more than 9 people, or seriously injuring two people, slightly injuring more than 3 people, or seriously injuring 1 person and slightly injuring more than 6 people;

(2) Causing economic losses of more than 300,000 yuan;

(3) Causing adverse social impact;

(four) other circumstances that cause great losses to public property, the interests of the state and the people.

Under any of the following circumstances, it shall be deemed as "the circumstances are particularly serious" as stipulated in Article 397th of the Criminal Law:

(1) Causing more than 3 times of casualties as specified in Item (1) of the preceding paragraph;

(2) Causing economic losses of more than 6,543,800 yuan+500,000 yuan;

(3) Failing to report, delaying reporting or making a false report about the accident, or instigating, instigating or forcing others not to report, delaying reporting or making a false report, thus causing the loss consequences to continue, expand or delay the rescue work;

(four) causing particularly bad social impact;

(5) Other particularly serious circumstances.

criminal law

Article 397 Crime of abuse of power; Crime of Dereliction of Duty State functionaries who abuse their powers or neglect their duties, thus causing heavy losses to public property and the interests of the state and the people, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. Where there are other provisions in this Law, such provisions shall prevail.

Any functionary of a state organ who engages in malpractices for personal gain and commits the crime mentioned in the preceding paragraph shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years. Where there are other provisions in this Law, such provisions shall prevail.