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Is the village official a national staff member?
First of all, according to the provisions of China's criminal law, the crime of corruption is a crime committed by state functionaries, so the members of villagers' committees as grass-roots organizations are obviously not state functionaries, but they may commit corruption in some cases. Members of villagers' committees accept the entrustment of administrative organs to engage in certain administrative affairs instead of administrative organs, such as issuing disaster relief funds. And illegal acts in this process may violate the crime of corruption. The National People's Congress Standing Committee (NPCSC) explained that when village grass-roots organizations such as villagers' committees assist the people's government in the following administrative work, they belong to "other personnel engaged in official duties according to law": (1) managing and distributing disaster relief, emergency rescue, flood control, special care, immigration and relief funds and materials; (two) the management and distribution of social donations to public welfare undertakings; (3) Land management and homestead management; (4) Management and payment of land acquisition compensation; (5) Collecting and paying taxes; (six) family planning, household registration and conscription; (seven) to assist other administrative work of the people's government. Members of village grass-roots organizations, such as villagers' committees, illegally occupy public property by taking advantage of their positions when they are engaged in official duties as stipulated in the preceding paragraph, which constitutes a crime and may constitute a crime of corruption.
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