On the appointment of civil servants by state organs, companies, enterprises, institutions and their civil servants from companies, enterprises, institutions and non-governmental organizations according to law.
Official Reply of Gaomin Procuratorate on whether the personnel employed or entrusted by the supervisory organ to perform supervisory duties can impose corporal punishment on the subject of abuse of power and release it privately.
(Gao Jianfa Yanzi [1994] 1 document promulgated and implemented)
Sichuan Provincial People's Procuratorate:
Your college Chuanjian (Research) [1992] No.8 "Request for Instructions on Whether Non-home Workers in the Supervision of Supervision Places Constitute the Subject of the Crime of Physical Punishment and Abuse" has been received. After research, I think that according to the provisions of Article 84, Article 189 and Article 190 of the Criminal Law, the supervisory organ employs or entrusts the supervisory personnel who actually perform the supervisory duties, and violates the supervisory regulations by corporal punishment, abuse, etc.
Interpretation of the second paragraph of Article 93 of the Criminal Law of People's Republic of China (PRC)
(Adopted at the Fifth Session of the Ninth National People's Congress on April 29, 2004)
Deputies to the National People's Congress discuss what members of villagers' committees and other village grass-roots organizations do, which belongs to the second paragraph of Article 93 of the Criminal Law, and is interpreted as a statutory civil servant:
Members of villagers' committees and other village grass-roots organizers who assist the people's government in administrative work belong to the situation that the second paragraph of Article 93 of the Criminal Law stipulates that they belong to state civil servants according to law:
(a) the management of disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration and relief funds;
(two) the management of social donations to public welfare undertakings;
(3) land management;
(4) Management of land requisition compensation expenses;
(5) Collecting and paying taxes;
(six) family planning, household registration and conscription;
(seven) to assist the people's government in administrative work.
The provisions of Articles 382, 383, 384, 385 and 386 on the crime of accepting bribes shall apply to members of villagers' committees and other village grassroots organizations who take advantage of their positions to accept non-public property, misappropriate public funds, ask for property or refuse to accept property, which constitutes a crime.
Notice of the Supreme People's Procuratorate on Implementing the Interpretation of the Second Paragraph of Article 93 of the Criminal Law of People's Republic of China (PRC)
(Gao Jianfa Yanzi [2000] 12 was promulgated and implemented on June 5, 2000)
Second, according to the explanation, villagers members of procuratorial organs and other village grassroots organizers assist the administrative work of the people's government. The Interpretation stipulates that cases of misappropriating public funds to obtain property or not accepting property shall be directly investigated for alleged corruption, misappropriation of public funds and bribery in accordance with the provisions of Articles 382, 383, 384 and 386 of other applicable penalties.
Three. Procuratorial organs at all levels should strictly grasp the boundaries in accordance with the procedures for investigating and handling cases of corruption, bribery and misappropriation of public funds by village grassroots organizers such as members of villagers' committees and according to the relevant provisions of the Interpretation, accurately determine whether the duties of village grassroots organizers such as members of villagers' committees belong to assisting the administrative work of the people's government as stipulated in the Interpretation, and indeed punish village grassroots organizers such as members of villagers' committees for corruption, embezzlement, embezzlement and bribery.
Reply of Gaomin Procuratorate on Asking for Confirmation of the Subject of Securities Supervision
(Gao Jian Fa Zi [2000] No.7 was promulgated and implemented on April 30, 2000)
Beijing Municipal Procuratorate:
The Request for Confirmation of Subject No.41issued by CSRC has been received. We sent a letter to the office of the Central Organization Establishment Committee for verification. The Office of the Establishment Committee of the Central Organization has given a written reply: the main responsibility of the department in charge of the securities and futures market in the institutions directly under the CSRC in the State Council is to uniformly manage the securities and futures market, and the institutions with administrative responsibilities under the vertical leadership of the securities and futures regulatory agencies should be regarded as the staff of the Beijing Securities Regulatory Commission. Please reply according to the editor.
Annex: Reply on the institutional nature of the CSRC
Reply on the institutional nature of the Securities Regulatory Commission
(April 2000 [2000] No.84 14)
Gao Min Procuratorate:
Your letter on whether the Securities Regulatory Commission belongs to a state organ (Gao Jian Fa Zi [2000] No.5) has been received, and we hereby reply as follows:
According to the document number. (1998) 13 1 The departments in charge of the securities and futures markets in the institutions directly under the CSRC are mainly responsible for the management of the securities and futures markets. According to the regulations, the institutions with administrative responsibilities under the vertical leadership of the securities and futures regulatory institutions should be regarded as the staff of government organs according to the Beijing Securities Regulatory Commission.
Reply of Gaomin Procuratorate on whether the town finance office is suitable for government functionaries.
(Gao Jianfa Yanzi [2000] No.9 was promulgated and implemented on May 4, 2000)
Maritime People's Procuratorate:
Document No.30 (2000) issued by Shanghai Inspection Institute of your hospital has been received and agreed upon through study;
In the town finance office belonging to administrative institutions, cadres and managers are appointed by family organs. On the abuse of power or dereliction of duty of family organ staff in performing government administrative duties.
Official Reply of Gaomin Procuratorate on the Subject of the Crime of Negligence by Contract Police
(Gao Jian Zheng Fa Yan Zi [2000] No.20 No.200065438+1October 9 promulgated and implemented)
Liaoning Provincial People's Procuratorate:
Your request for instructions on the criminal suspect Li Hai's dereliction of duty [1999] No.76 has been received, and it is agreed through study:
According to the second paragraph of Article 93 of the Criminal Law, the contract police shall be investigated for criminal responsibility for dereliction of duty in accordance with the circumstances stipulated in Article 397 of the Criminal Law.
Interpretation of the National People's Congress on the subject application of the crime of dereliction of duty in Chapter 9 of the Criminal Law of People's Republic of China (PRC)
(200265438+promulgated and implemented at the 30th session of the 9th General Assembly on February 28th)
The National Committee discussed the punishment according to the actual situation of our company. The ninth chapter explains the subject application of the crime of dereliction of duty;
Civil servants who organize the exercise of administrative functions and powers in accordance with laws and regulations, or civil servants entrusted by state organs to exercise their functions and powers on behalf of state organs, or civil servants who are not included in the establishment of state organs but exercise their functions and powers on behalf of state organs, constitute a crime of dereliction of duty, and shall be investigated for criminal responsibility in accordance with the provisions of the Criminal Law on the crime of dereliction of duty.
Summary of discussion on hearing economic crime cases in the whole hospital
([2003] 167 No.2003165438+1October 65438+March)
On the subject of dereliction of duty in the crime of corruption and bribery
() Identity certificates of employees of the head office
State functionaries mentioned in the Criminal Law refer to civil servants of state organs, including civil servants of state power organs, administrative organs and military organs at all levels.
According to Guan Li's explanation, civil servants who exercise administrative functions and powers in accordance with laws and regulations or are entrusted by state organs to exercise their functions and powers on behalf of their families, or civil servants who are not included in the establishment of state organs, should be regarded as state organ staff in the civil service department of the township (town) * * * production party organs and CPPCC organs, and in practice should be regarded as state organ staff.
(two) the qualification of civil servants appointed by state organs, companies, enterprises and institutions that are not companies, enterprises, institutions and social organizations.
The so-called appointment refers to appointment and dispatch, and its forms are such as appointment, assignment, nomination and approval. Why do you accept the appointment of government agencies, companies, enterprises and institutions to represent them? Non-companies, enterprises, institutions, social organizations, organizations, leadership, supervision and management all recognize that government agencies, companies, enterprises and institutions appoint non-companies, enterprises and institutions. Public institutions appoint staff to organize, lead, supervise and manage holding or shareholding companies. For companies and enterprises that have been reorganized, the staff of the original companies and enterprises, as well as newly appointed companies, in addition to exercising supervision and management functions on behalf of investors, the staff of other countries.
(3) Confirmed by civil servants according to law.
Article 93, paragraph 2, of the Criminal Law stipulates that civil servants should have two characteristics stipulated by law: exercising family management functions under certain conditions; 2. Handling affairs according to law specifically includes: (1) deputies to people's congresses at all levels who perform their duties; (2) People's jurors who perform judicial duties; (three) to assist the township people's government, members of villagers' committees and residents' committees in the management of street affairs, as well as the work of other grassroots organizers in rural towns; (4) He is authorized by law to serve civil servants.
(4) Understanding of official duties
Official business refers to performing duties of organization, leadership, supervision and management on behalf of government agencies, companies, enterprises, institutions and non-governmental organizations. Official duties are mainly manifested in public affairs and supervision and management of property, which is related to their functions and powers. The staff of government agencies recognize official duties just like managing and supervising property, such as directors, managers, accountants, employees, etc. Company, as well as some authorized salespeople and ticket sellers.