The Standing Committee of the National People's Congress discussed are provided for in the second paragraph of the criminal law ninety-third "engaged in official business in accordance with the laws of the people" the villagers committee and village grassroots organization personnel engaged in what work, are explained in the following:
        The villagers committee and village grassroots organization personnel to assist the people's Government in the following administrative work, which belongs to the criminal law provisions of the second paragraph of the ninety-third "engaged in official business in accordance with the law personnel":
        (a) disaster relief, rescue, flood prevention, special care, poverty, immigration, the management of relief funds and materials;
        (two) social charitable contributions to the cause of money and property management;
        (three) the operation and management of state-owned land;
        (four) the management of compensation for requisitioned land;
        (five) generation of sign, and remit tax;
        (six) the family planning, the household registration, recruitment;
        (seven) other administrative work to assist the people's government in.
        The official village committee Village of grass-roots organizations in the provisions of the preceding paragraph, taking advantage of his position, illegal possession of public property, embezzlement, extort or accept bribes, which constitutes a crime, criminal law article 382nd and article 383rd, article 384th of the crime of corruption crime of misappropriating public funds, 385th and 386th of bribery crime provisions.
        Hereby announcement.
        Interpretation.   The legal interpretation is a village committee, village grassroots organization personnel, belonging to the provisions of article ninety-third of the criminal law in second paragraph "engaged in official business in accordance with the laws of the people" in what circumstances, should be based on the national staff of the.
        According to the provisions of the Constitution and legislation law, belongs to the National People's Congress the power to interpret the law, the law requires further specific meaning, or law enacted after the emergence of new circumstances, need a clear basis for application of the law, as interpreted by the Standing Committee of National People's congress. The 1997 criminal law, the relevant departments to reflect, in practice, the village committee organization of rural basic level staff using the convenience of duty, illegal embezzlement, misappropriation of public property, taking bribes, for many situations, for these staff to implement the behavior, should how to deal with, some departments are not uniform throughout the country, suggestions Standing Committee on whether such persons belonging to national staff, the implementation of the above whether an act constitutes a crime, shall be clear how to apply the law. The NPC Standing Committee, the relevant provisions of the criminal law through the discussion on the explanation. This interpretation is in fact the village committee, Village Grassroots Organization of personnel under what circumstances can in accordance with the provisions of section second of the criminal law ninety-third, to state functionaries, comprehensive interpretation of criminal law is not the second paragraph ninety-third for. According to section second of criminal law and the interpretation of the provisions of ninety-third, involved in processing the villagers committee and Village Grassroots Organization Personnel illegal and criminal activities using his position to implement the relevant provisions of the criminal law on the issue of how to correctly apply, should pay attention to the following points:
        First, the village committee Village grass-roots staff meaning. According to the provisions of the Constitution and the organic law of the villagers committee, villagers' committee is the villagers self-management, self-education, self-service grass-roots mass self-government organizations. The villagers committee shall manage the public affairs and public welfare undertakings, mediate civil disputes, help maintain public order, to reflect the views of the villagers, to the people's government demands and suggestions. China's rural grassroots organizations more, in addition to the village committee, village Party branch, village and the union, economic cooperatives, agribusiness enterprises, Bulgaria, women's federations, Youth League branch, militia platoon, villager group and various associations. From the present situation, in the village Party branch, village committee and village economic cooperatives, cooperative, agribusiness enterprises in charge of village economic activities of the human body more problems. "The explanation" in the "village village of grass-roots organizations", mainly refers to the village Party branch, village committee and village economic cooperatives, cooperative, agribusiness enterprises in charge of village economic activities of the organization staff. Because they are the most important may assist the government in the administration of personnel.
        Second, should be based on whether the actor in public as to whether it should be to the national staff of standard. On the relationship between the village committee and village grassroots organizations and the functionaries of the state, in practice there are different understanding. A kind of viewpoint thinks, national staff is the exercise of state entrusted public management functions according to law personnel. According to the provisions of the Constitution and the organic law of the villagers committee, villagers' committee is the villagers self-management, self-education, self-service grass-roots mass self-government organizations, the village committee director, deputy director and other members of the village grass-roots organizations elected directly by the villagers, but not legally appointed; the village committee members not divorced from production, also does not enjoy the country staff wages and welfare treatment. The village committee and village grassroots organization personnel to state functionaries, both their actual enjoys authority does not match, not commensurate with the actual also enjoy treatment, non reciprocal rights and obligations. It should be said that this view is reasonable, the village committee and village grassroots organization personnel from its emergence, appointment, management and the actual responsibilities, and general working personnel of the state is different, so it can not simply say that the village committee organization of rural basic level staff is the national staff. So, what should be to determine the scope of the national staff of article ninety-third of the criminal law to what standard? Should not simply to the behavior of human form with identity, such as whether a judge appointed by the relevant authorities, but also to prevent arbitrary expansion of the scope of. According to the provisions of article ninety-third of the criminal law, national staff is divided into three categories: one category is the personnel of state organs; one is the State-Owned Company, enterprises, institutions, people's organizations engaged in public service and State-Owned Company, enterprise, unit to a non State-Owned Company, enterprises, institutions, social organizations engaged in public service personnel; and those who engaged in official business in accordance with the laws of the people. Personnel engaged in official business the first class national staff that state organs is the original meaning of national staff, its connotation and extension is quite clear. After two classes in accordance with the law on the national staff of. But no matter what kind of state personnel, their common points are "engaged in official business". Even working in state organs of the staff, if the specific work the bear does not belong to the official activities, is still not as national staff. For example, government institutions at all levels of workers. Of course, if these temporary personnel appointed by engaged in public service activities or while in the internal system belongs to the workers, but in fact take into public service duties, also belongs to the national staff. For example, some state organs "who work on behalf of the stem".
        Similarly, in addition to the staff of state organs as prescribed in the first paragraph of article ninety-third of the criminal law of the state, to the staff of personnel, it should be based on whether the public as whether it can be to the national staff of the standard, and not free to expand the scope of. According to the provisions of the law of organization of villager committee, people's governments at the grassroots level, township guidance to the villagers committees in their work to give support and help, the village committee to assist the people's government to carry out the work. From a practical point of view, the village committee and the relationship between the grassroots people's township governments are very close, guidance and support a lot of work to the people's government at the grassroots township village committee, a lot of work to the people's government at the grassroots township also cannot do without the village committee and Village Grassroots Organization Support and assistance, there are some specific work often commissioned by the village committee and other community organizations to carry out. Therefore, the village committee Village Grassroots Organization Personnel shall assist the people's government at work or the people's government at the grassroots entrusted to handle administrative matters, it belongs to the article ninety-third of the criminal law of the second paragraph of "other legal public functionaries" one, should be based on the state functionaries.
        Third, attention should be paid to accurately understand "engaged in official business in accordance with the laws of the meaning of". According to the provisions of article second of criminal law ninety-third, the village committee and Village Grassroots Organization of personnel engaged in public service according to law, shall be treated as state functionaries. Therefore, an accurate understanding of "public" in accordance with the law meaning, is essential for the correct application of criminal law provisions. The "official" in accordance with the general understanding refers to public affairs, according to their nature can be divided into the affairs of the state and collective affairs. National affairs refers to in order to achieve the country's political, military, economic, cultural and other functions of the organization, leadership, supervision, management activities. The collective services refers to the collective organization of internal affairs organization, leadership, supervision, management activities. Article ninety-third of the criminal law provisions of the public clearly refers to the state affairs, and does not include the collective affairs. The village committee and village grassroots organization plays in a lot of village affairs, and help the grassroots people's township governments work. These organizations at the grass-roots level of personnel engaged in the affairs of the state or the collective internal affairs, there is the possibility to use his position to implement the illegal and criminal activities, but the nature of the crime may be completely different in nature, so that its are engaged in public service, concrete analysis of concrete problems, prevent any expansion of business scope tendency. Different understanding of practice in dealing with illegal and criminal activities such as village committee Village grassroots organization personnel to use duty then generated, often is because of the nature of the business activities in different understanding.
        In order to clear the village committee and village grassroots organization personnel engaged in activities which are engaged in official duties according to law, to facilitate the correct understanding and application of the relevant provisions of the criminal law, the interpretation clearly stipulates the personnel to assist the people's Government in disaster relief, rescue, flood prevention, special care, poverty, immigration, the management of relief funds and materials, social and charitable contributions to the cause of money and property management, the operation and management of state-owned land, management compensation for the expropriation of land, collect, and remit taxes, about family planning, household registration, recruitment, and assist the people's governments in other administrative work, is engaged in public service according to law.
        Disaster relief, rescue, flood prevention, special care, is an important measures taken by countries to maintain social stability and economic development, protect people's lives and property safety, is an important work of the government. Many disaster relief, rescue, flood prevention, relief, resettlement, relief work to the village committee Village Grassroots Organization to mobilize, organize the villagers to participate actively in the rural areas in practice, some relevant articles need to entrust the village committee Village Grassroots Organization management. Part of the management activity itself belongs to the national disaster relief, rescue, flood prevention work, the village committee and village grassroots organization personnel management of these funds is engaged in the public affairs of the state. The staff in the process management of the specific funds embezzle, misappropriate or get in, taking bribes, which constitutes a crime, shall be investigated for criminal responsibility in accordance with the provisions of the criminal law on the national staff of corruption, embezzlement, bribery crime.
        Here the social charitable contributions to the cause of money and property management refers to the village committee and village grassroots organization personnel to assist the people's Government of the implementation of social charitable contributions to the cause of property management. If the local government according to the arrangement of social charitable contributions to the cause of the property to a village to village public welfare undertakings, and commissioned by the Committee of management, is engaged in public service. It is said here on social charitable contributions to the cause of the property management must be a government official, in practice some spontaneous, scattered social donation is not necessarily the government management and distribution, such as citizens or spontaneous unit to a village specific or non-specific villagers donations, the village committee staff do not belong to the government in these articles in the management of public affairs. If embezzle, misappropriate or ask for accepting bribes, behavior, not in accordance with the crime of corruption, embezzlement, bribery crime investigation, but according to the situation, according to the civil tort or criminal law on the crime of misappropriation of funds and so on, provisions.
        The common characteristics of the transaction is already beyond the village collective affairs, shall be by the government in the management of the affairs of the category. In addition, the operation and management of state-owned land, management compensation for the expropriation of land, collect, and remit taxes, about family planning, household registration, conscription work also belongs to this category, not to repeat them here. To assist the people's governments in other administrative work, refers to the other cases are engaged in official business besides the above-mentioned work. Because the relationship between the government and the village committee and Village Grassroots Organization very tightly, the village committee and Village Grassroots Organization by the people's government at the grassroots people entrust other official activities engaged in the outside in accordance with the law, should also be treated as state functionaries. Identification of this case in practice, attention should be paid to the behavior of people engaged in the business nature, content, source of distinction, prevent the personnel engaged in the village public affairs management decided to help the government in public, thus expanding the scope of improper business.