Interpretation of Paragraph 2 of Article 93 of the Criminal Law

Legal analysis: "Other persons engaged in official duties in accordance with the law" as stipulated in Paragraph 2 of Article 93 of the Criminal Law: (1) Management of disaster relief, emergency rescue, flood prevention, preferential care, immigration, and relief funds and materials and distribution; (2) Management and distribution of funds and materials donated to public welfare undertakings; (3) Operation and management of land and management of homestead sites; (4) Management and distribution of compensation fees for land acquisition; (5) Collection and distribution of land on behalf of others Pay taxes; (6) Work related to family planning, household registration, and military recruitment; (7) Assist the people's government in other administrative work. If members of village committees and other grassroots organizations in the village take advantage of their positions to illegally possess public property while engaging in official duties as stipulated in the preceding paragraph, thus constituting a crime, Articles 382 and 383 of the Criminal Law shall apply. The provisions of the crime of corruption, the crime of misappropriation of public funds in Article 384, the crime of accepting bribes in Articles 385 and 386.

Legal basis: Article 93 of the "Criminal Law of the People's Republic of China and the People's Republic of China" The term "state functionaries" as mentioned in this law refers to the personnel engaged in official duties in state agencies.

Personnel engaged in official duties in state-owned companies, enterprises, institutions, and people's organizations, and persons assigned by state agencies, state-owned companies, enterprises, and institutions to non-state-owned companies, enterprises, institutions, and social groups to engage in official duties. , and other personnel engaged in official duties in accordance with the law, shall be regarded as state functionaries.