随着城镇化的不断发展,城郊农村的征地问题也越发成为引人关注的热点问题。而因为农村土地征收的特殊性,也使得这一领域成为滋生腐败的温床。在近年来的司法实践中,因征地过程中抢栽抢建行为而产生的纠纷、矛盾与犯罪问题屡见不鲜。在其中一类特殊主体——村干部的抢栽抢建行为就更是引人注目,争论焦点集中于对这种行为的性质界定,在笔者看来,村干部抢栽抢建行为符合刑法中贪污罪构成要件,应以贪污罪入刑。 With the continuous development of urbanization, the issue of land expropriation in rural suburbs has become a hot issue that attracts more and more attention. And because of the special nature of rural land acquisition, but also makes this area a breeding ground for corruption. In the judicial practice in recent years, disputes, contradictions and crimes arising from rush-grabbing and robbery in land acquisition are not uncommon. In one of these special subjects, the village cadres ’grab-and-grab actions are even more conspicuous. The focus of the debate is on defining the nature of such acts. In my opinion, the village cadres’ Constituting the elements of corruption should be sentenced to embezzlement.