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	INTERPRETATION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS ON PARAGRAPH 2 OF ARTICLE 93 OF THE CRIMINAL LAW OF THE PEOPLE'S REPUBLIC OF CHINA

	(Adopted at the 15th meeting of the Standing Committee of the Ninth National People's Congress on April 29, 2000)


SUBJECT : LEGAL INTERPRETATION; PARAGRAPH 2 OF ARTICLE 93; CIVIL SERVICE PROVIDERS
ISSUING DEPARTMENT : THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 04/29/2000
IMPLEMENT DATE : 04/29/2000
LENGTH : 285 words
TEXT :

The Standing Committee of the National People's Congress has discussed the circumstances under which the members of a villagers' committee or any other village grassroots organization shall be regarded as "state functionaries that provide civil services according to law" mentioned in the second paragraph of Article 93 of the Criminal Law. An interpretation is hereby given as follows:

When a member of a villagers' committee or of any other village grassroots organization assists the people's government to exercise the following administration tasks, he shall be regarded as "any other state functionary performing public service according to the law" mentioned in the second paragraph of Article 93 of the Criminal Law:

(1)The administration of funds and materials for disaster relief, emergency rescue, flood prevention and control, special care for disabled servicemen and the families of revolutionary martyrs and servicemen, aid to the poor, relocating people and social relief;

(2)The administration of funds and materials donated by the public for public welfare undertakings;

(3)The administration of operation and management of land, as well as the management of house sites;

(4)The administration of the compensations for land requisition;

(5)Withholding taxes;

(6)The tasks relating to family planning, permanent residence, etc.; or

(7)Assisting the people's government to exercise other administration tasks.

Where any of the members of a villagers' committee or of any other village grassroots organization illegally embezzles any public money or property by taking advantage of his position during the course of performing any of the public services mentioned in the preceding paragraph, if any crime is constituted, the crime of embezzlement prescribed in Articles 382 and 383, crime of misappropriation of public money in Article 384 and crime of acceptance of bribes in Article 386 shall apply.