Does the villagers' committee belong to the object of supervision by the supervisory organ?

Administrative supervision generally refers to the activities of the state administrative organs entrusted with supervisory authority to supervise the work of the state administrative organs and their staff in exercising their functions and powers according to their duties. Case —— How to judge whether the members of the village committee belong to the administrative supervision organ? Case introduction: Guo, director of Qingshui Village Committee in a town. 20 10 10, Guo received 20,000 yuan of compensation for moving graves and 20,000 yuan of compensation for camellia oleifera forest from the municipal land requisition and relocation office in the name of the villagers' committee, all of which were owned by him personally. In June of the same year, 5438+065438+ 10, Guo used the invalid receipt to collect the "land compensation fee for construction roads" of 65438+ ten thousand yuan (belonging to the land compensation fee paid by the municipal power plant to Qingshui Village according to the contract). Guo used the money for business and deposited the rest in the bank in the name of his wife. Case analysis: In this case, when Guo was entrusted to engage in official activities and the staff of rural grass-roots organizations under administrative supervision assisted the people's government in administrative management, this "assistance" relationship could be regarded as an entrusted relationship between the people's government and rural grass-roots organizations. According to the NPC Standing Committee's interpretation of the second paragraph of Article 93 of the Criminal Law of People's Republic of China (PRC), the situations in which rural grass-roots organizations are entrusted to engage in official duties include: (1) managing disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration and relief funds and materials; (two) the management of social welfare donations; (three) the management of state-owned land; (4) Management of land acquisition compensation; (5) Collecting and paying taxes; (6) related to family planning, household registration and conscription; (seven) to assist the people's government in other work. Grass-roots organizations such as villagers' committees should adopt the theory of "national staff" when assisting the people's government in the above administrative activities. In this case, the "compensation fee for moving graves" and "compensation fee for camellia oleifera forest" that Guo received from the Municipal Land Requisition and Demolition Office in the name of the villagers' committee were actually land compensation fees issued by the Municipal People's Government after the land was requisitioned by the state. Generally, the Township People's Government entrusts villagers' committees to assist in management and distribution. Therefore, according to Article 50 of the Administrative Supervision Law of the People's Republic of China, Guo is entrusted to engage in official business, which is the object of administrative supervision. It should be noted that although Guo belongs to the object of supervision, the supervisory organ can accept complaints, reports and investigations on his violations of discipline and law. However, because the object of supervision is divided from the standard of identity to official activities, its scope is expanded than before. For some special monitoring objects, the supervisory organs should make monitoring decisions or suggestions according to different situations. For example, for members of villagers' committees, the Organic Law of Villagers' Committees stipulates that "the chairman, vice-chairmen and members of villagers' committees are directly elected by villagers. No organization or individual may designate, appoint or replace members of a villagers' committee ". After investigation, the supervisory organs put forward supervision suggestions for the above-mentioned personnel, and suggested that the relevant organizations should deal with them in accordance with the prescribed procedures such as the Organic Law of Villagers' Committees. Relevant laws and regulations: Article 18 of the Supervision Law of People's Republic of China (PRC) stipulates: "When exercising the functions and powers of supervision and investigation, supervisory organs have the right to know the situation from relevant units and individuals, and collect and obtain evidence according to law. The relevant units and individuals shall truthfully provide. Supervisory organs and their staff members shall keep confidential the state secrets, business secrets and personal privacy they know in the course of supervision and investigation. No unit or individual may forge, conceal or destroy evidence.

Legal objectivity:

Article 15 of the Supervision Law of People's Republic of China (PRC)

Supervisory organs shall supervise the following public officials and related personnel:

(a) China * * * production party organs, people's congresses and their standing committees, people's governments, supervisory committees, people's courts, people's procuratorates, organs of the China People's Political Consultative Conference at all levels, organs of democratic parties and organs of the Federation of Industry and Commerce, as well as personnel managed by reference to the Civil Service Law of People's Republic of China (PRC);

Personnel engaged in public affairs in organizations authorized by laws and regulations or entrusted by state organs according to law to manage public affairs;

(3) managers of state-owned enterprises;

(four) personnel engaged in management in public education, scientific research, culture, medical and health, sports and other units;

(5) Personnel engaged in management in grass-roots mass autonomous organizations;

(6) Other persons who perform public duties according to law.