Adopted at the 15th Meeting of the Standing Committee of the
Ninth National People's Congress on April 29, 2000
When the Standing Committee of the National People's Congress
discussed whether members of a villagers committee or of other
rural organizations at the grassroots level engaging in certain
work may be regarded as "the other persons who perform public
service according to law" as provided for in the second paragraph
of Article 93 of the Criminal Law, it made the following
explanations:
The members of the a villagers committee or of other rural
organizations at the grassroots level who are engaged in the
following administrative work shall be regarded as "the other
persons who perform public service according to law" as provided
for in the second paragraph of Article 93 of the Criminal
Law:
(1) administration of funds or materials allocated 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, migration and social
relief;
(2) administration of funds or materials donated for public
welfare;
(3) management and administration of State-owned land;
(4) administration of compensation for requisitioned land;
(5) withholding and tax payment affairs;
(6) administration of birth control, household register and
conscription; and
(7) assisting the people's governments in such other
administrative work.
When the members of a villagers committee or of other rural
organizations at the grassroots level perform the public service
provided in the preceding paragraph, if they illegally take
possession of public property, misappropriate public funds, extort
money or property from another person or illegally accept another
person's money or property and thus committed a crime, they shall
be punished according to the provisions of Articles 382 and 383 on
the crime of embezzlement, provisions of Article 384 on the crime
of misappropriating public funds, and provisions of Articles 385
and 386 on the crime of accepting bribes in the Criminal
Law.
This Interpretation is hereby announced.
Source: NPC