Is it a crime for the village Committee and the village party branch to take state special funds?

The village committee and the village party branch cooperated to obtain special state funds. If the amount is large and the circumstances are serious, it is suspected of corruption.

Article 382 of the Criminal Law Any state functionary who takes advantage of his position to embezzle, steal, cheat or illegally occupy public property by other means is a crime of corruption. Personnel entrusted by state organs, state-owned companies, enterprises, institutions and people's organizations to manage state-owned property who embezzle, steal, defraud or otherwise illegally occupy state-owned property by taking advantage of their positions are regarded as corruption. Whoever colludes with the personnel listed in the preceding two paragraphs and colludes with corruption shall be punished as a * * * offender.

Article 383 of the Criminal Law shall, according to the seriousness of the case, punish the crime of corruption in accordance with the following provisions:

(1) Individuals who embezzle more than 100,000 yuan shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and may also have their property confiscated; If the circumstances are especially serious, he shall be sentenced to death and his property shall be confiscated.

(2) Individuals who embezzle more than 50,000 yuan but less than 100,000 yuan shall be sentenced to fixed-term imprisonment of more than five years and may also have their property confiscated; If the circumstances are especially serious, he shall be sentenced to life imprisonment and confiscation of property.

(3) Individuals who embezzle more than 5,000 yuan but less than 50,000 yuan shall be sentenced to fixed-term imprisonment of not less than one year but not more than seven years; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than seven years but not more than ten years. If an individual embezzles more than 5,000 yuan but less than 10,000 yuan and repents after committing a crime and actively returns the stolen goods, the criminal punishment may be mitigated or exempted, and the unit to which he belongs or the competent authority at a higher level shall give him administrative sanctions.

(4) If the amount of personal corruption is less than 5,000 yuan, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention; If the circumstances are relatively minor, administrative sanctions shall be given at the discretion of the unit to which they belong or the competent authority at a higher level. If repeated corruption is not handled, it shall be punished according to the accumulated amount of corruption.

According to the National People's Congress Standing Committee (NPCSC)'s legislative interpretation of the second paragraph of Article 93 of the Criminal Law on April 29, 2000, village grass-roots organizations such as villagers' committees assist the people's government in the following administrative work, which belongs to "other persons engaged in public affairs according to law" as stipulated in the second paragraph of Article 93 of the Criminal Law: ① managing disaster relief, emergency rescue, wind prevention, special care, poverty alleviation, immigration and relief funds and materials; ② Management of social donation public welfare undertakings; ③ Management of state-owned land; (4) Management of land acquisition compensation; (5) Collecting and paying taxes; 6 related family planning, household registration and conscription work; All landowners to assist other administrative work of the people's government.

It can be seen that the cooperation between the village Committee and the village party branch to obtain special state funds conforms to the main elements of the crime of corruption. If the amount is large and the circumstances are serious, they will be investigated for criminal responsibility if they are suspected of corruption.