Guiding Case No. 5 of the Supreme People's Procuratorate: People v. Chen Genming, Lin Fujuan, and Li Dequan for abuse of power

(Guiding Case No. 5 of the Supreme People's Procuratorate)

[Keywords]

Subject of a crime of malfeasance in office, staff members of basic village organizations, crime of abuse of power

[Key Points]

With the gradual deepening and advancement of China's urban construction and the construction of socialist countryside, basic organizations such as villagers' committees and residents' committees are playing an increasingly important role in assisting people's governments in administering the society. In practice, where staff members of basic organizations, such as villagers' committees and residents' committees, who assist people's governments in public administration abuse power or neglect duty, if criminally punishable, they shall be held criminally liable according to the provisions the Criminal Law regarding a crime of malfeasance in office.

[Relevant Legislation]

Article 397 of the Criminal Law of the People's Republic of China and the Interpretation by the Standing Committee of the National People's Congress of Issues Concerning the Subject of a Crime of Malfeasance in Office in the Application of Chapter IX of the Criminal Law of the People's Republic of China

[Basic Facts]

Defendant Chen Genming, male, born in 1946, former person in charge of the leading group for promoting small town social insurance (“town insurance”) of Situan Town, Fengxian District, Shanghai Municipality.

Defendant Lin Fujuan, female, born in 1960, former party branch secretary, chairman of the villagers' committee, and person in charge of town insurance work of Yangjiazhai Village, Situan Town, Fengxian District, Shanghai Municipality.

Defendant Li Dequan (a.k.a. Li Deyuan), male, born in 1958, former party branch member, vice chairman of the villagers' committee, and person handling town insurance work of Yangjiazhai Village, Situan Town, Fengxian District, Shanghai Municipality.

From January 2004 to June 2006, in conducting work on the employment and social security of farmers on requisitioned collectively owned land, Chen Genming, by taking advantage of his position as the person in charge of the leading group for promoting town insurance in Situan Town, Fengxian District, Shanghai Municipality, and Lin Fujuan and Li Dequan, by taking advantage of their positions as the person in charge of and the person handling town insurance in Yangjiazhai Village respectively as authorized by the People's Government of Situan Town, Fengxian District, Shanghai Municipality, practiced favoritism and made falsification by means such as inflating the area of requisitioned land, and jointly or separately brought 114 villagers of Yangjiazhai Village, Liangmin Village, and Hengqiao Village who did not satisfy the town insurance requirements into the scope of town insurance, in violation of the relevant provisions, as a result of which the People's Government of Situan Town, Fengxian District paid town insurance premiums of over 6 million yuan in total for these villagers and the Social Insurance Fund Settlement Management Center of Shanghai Municipality (“Municipal Social Insurance Center”) actually disbursed town insurance funds of over 1.78 million yuan for these villagers, with egregious impacts on society. Chen Genming, alone or jointly with others, brought 71 villagers who did not satisfy the town insurance requirements into the scope of town insurance, as a result of which the People's Government of Situan Town paid town insurance premiums of over 4 million yuan in total and the Municipal Social Insurance Center actually disbursed town insurance funds of over 1.14 million yuan in total. Lin Fujuan, alone or jointly with others, brought 79 villagers who did not satisfy the town insurance requirements into the scope of town insurance, as a result of which the People's Government of Situan Town paid the town insurance premiums of over 4 million yuan in total and the Municipal Social Insurance Center actually disbursed town insurance funds of over 1.24 million yuan. Li Dequan, alone or jointly with others, brought 60 villagers who did not satisfy the town insurance requirements into the scope of town insurance, as a result of which the People's Government of Situan Town paid town insurance premiums of over 3 million yuan in total and the Municipal Social Insurance Center actually disbursed town insurance funds of over 950,000 yuan in total.
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