What is the behavior of village cadres in intercepting more than 10,000 yuan in state land subsidies? Is it a crime?

According to the law, members of village committees and other grassroots organizations assist the people's government in the management of land acquisition compensation fees and withhold national land subsidies of up to 10,000 yuan, which is an act of corruption. However, the latest judicial interpretation The standard for filing a case of corruption is 30,000 yuan or more. Therefore, it does not constitute a crime and will be subject to administrative sanctions by the superior authority.

Legal basis:

Interpretation of Paragraph 2 of Article 93 of the Criminal Law of the People’s Republic of China and the People’s Republic of China by the Standing Committee of the National People’s Congress (April 29, 2000 Adopted at the 15th meeting of the Standing Committee of the Ninth National People's Congress on July 1):

The Standing Committee of the National People's Congress discussed what work carried out by members of village committees and other village grassroots organizations falls within the scope of the Criminal Law 90 "Other personnel engaged in public affairs in accordance with the law" as stipulated in the second paragraph of Article 3 are explained as follows:

Personnel of village committees and other village grassroots organizations assist the people's government in the following administrative work, which falls under Article 93 of the Criminal Law "Other personnel engaged in official duties in accordance with the law" as stipulated in paragraph 2:

(1) Management of disaster relief, emergency rescue, flood prevention, special care, poverty alleviation, immigration, and relief funds and materials;

(2) Management of funds and materials donated to public welfare undertakings;

(3) Operation and management of state-owned land;

(4) Management of compensation fees for land acquisition;

(5) Collection and payment of taxes;

(6) Work related to family planning, household registration, and military recruitment;

(7) Assisting the people's government in other administrative tasks management work.

When members of village committees and other grassroots organizations engage in official duties as stipulated in the preceding paragraph and take advantage of their positions to illegally possess public property, misappropriate public funds, demand other people's property or illegally accept other people's property, this constitutes a crime. , the crime of corruption in Articles 382 and 383 of the Criminal Law, the crime of misappropriation of public funds in Article 384, and the crime of accepting bribes in Articles 385 and 386 of the Criminal Law are applicable Regulation.