Under what circumstances do rural grassroots organizations belong to the jurisdiction of the people's procuratorate?

Under what circumstances do rural grassroots organizations belong to the jurisdiction of the people's procuratorate?

Criminal cases directly investigated by people's procuratorates include: bribery, dereliction of duty by state staff, illegal detention, extorting confessions by torture, retaliation and framing, illegal search, crimes against citizens' personal rights and crimes against citizens' democratic rights.

The subject of the crime of accepting bribes is the national staff.

Article 93 of the Criminal Law stipulates: State functionaries refer to those who are engaged in public affairs in state organs. Personnel engaged in public service in state-owned companies, enterprises, institutions and people's organizations, personnel engaged in public service in non-state-owned companies, enterprises, institutions and social organizations appointed by state organs, state-owned companies, enterprises and institutions, and other personnel engaged in public service according to law are regarded as national staff.

In practice, some members of village grass-roots organizations such as villagers' committees belong to state staff and are under the jurisdiction of people's procuratorates. Some of them are not state employees, so under what circumstances can they become the subject of the crime of accepting bribes and be under the jurisdiction of the procuratorial organs?

According to the legal interpretation made by the National People's Congress Standing Committee (NPCSC) on April 29, 2000, village grass-roots organizations such as villagers' committees assist the people's government to carry out the following administrative work, which belongs to "other persons engaged in public affairs according to law" as stipulated in Article 93 of the Criminal Law:

(a) the management of disaster relief, emergency rescue, flood control, special care, immigration and disaster relief funds and materials;

(two) the management of social donations to public welfare undertakings;

(three) the operation and management of state-owned land;

(four) the management of land expropriation compensation fees;

(5) Collecting and paying taxes;

(six) family planning, household registration and conscription;

(seven) to assist other administrative work of the people's government.

The provisions of Articles 382, 383, 384, 385 and 386 of the Criminal Law apply to members of village grass-roots organizations such as villagers' committees who take advantage of their positions to illegally occupy public property, misappropriate public funds, ask for other people's property or illegally accept other people's property, which constitutes a crime.

Therefore, under the above circumstances, grassroots organizations such as villagers' committees are still under the jurisdiction of the people's procuratorate even if they are not state employees. ;