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| Interpretation of the Standing Committee of the National People's Congress on the Issue of Application of Subjects for the Crime of Dereliction of Duty as Prescribed in Chapter IX of the Criminal Law of the People's Republic of China | | 全国人民代表大会常务委员会关于《中华人民共和国刑法》第九章渎职罪主体适用问题的解释 |
(Adopted at the 31st session of the Standing Committee of the Ninth National People's Congress of the People's Republic of China on December 28, 2002) | |
（2002年12月28日第九届全国人民代表大会 |
The Standing Committee of the National People's Congress discussed the issue of application of subjects for the crime of dereliction of duty as prescribed in Chapter IX of the Criminal Law by taking judicial practices into consideration, and hereby gives the interpretations as below: | |
全国人大常委会根据司法实践中遇到的情况，讨论了刑法第九章渎职罪主体的适用问题，解释如下： |
When any of those persons that perform public services in the organizations that exercise the state administrative power according to the laws and regulations, those persons that perform public services in the organizations that are entrusted by the state organs to exercise the power on behalf thereof or those persons that are not state functionaries but perform public services in the state organs exercises his authorities on behalf of a state organ and derelicts his duties, and if which constitutes a crime, he shall be subject to criminal liabilities according to the provisions on the crime of dereliction of duty as prescribed in the Criminal Law | |
在依照法律、法规规定行使国家行政管理职权的组织中从事公务的人员，或者在受国家机关委托代表国家机关行使职权的组织中从事公务的人员，或者虽未列入国家机关人员编制但在国家机关中从事公务的人员，在代表国家机关行使职权时，有渎职行为，构成犯罪的，依照刑法关于渎职罪的规定追究刑事责任。 |
The above interpretation is hereby promulgated. | |
现予公告。 |
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