What is meant by performing official duties, and what is meant by using within a reasonable scope in

The performance of official duties refers to the performance of duties by the functionaries of state organs in accordance with laws, regulations and relevant provisions.

Official business, official business, matters concerning public or collective affairs. In a narrow sense, it refers to the transactional work of state organs; In a broad sense, it refers to the routine work of party and government organs, mass organizations, enterprises and institutions.

Legal Analysis: Reasonable use in the performance of official duties refers to the fair use of published works by personnel performing official duties, which is not a copyright infringement. If it is used in proceedings before a court, arbitration court or public security organ, it is permissible to make or witness the manufacture of a single copy of the work.

Legal basis: Copyright Law of the People's Republic of China Article 22 The use of a work under the following circumstances may be made without the permission of the copyright owner and without payment of remuneration to him, provided that the name of the author and the title of the work shall be indicated, and shall not infringe other rights enjoyed by the copyright owner in accordance with this Law:

1) Using published works of others for personal study, research or appreciation;

3) Inevitably reproducing or quoting published works in newspapers, periodicals, radio stations, television stations, etc., for the purpose of reporting current affairs;

4) Newspapers, periodicals, radio stations, television stations, etc., or other newspapers, periodicals, radio stations, television stations, etc., that have already published articles on current affairs on political, economic, or religious issues, except where the author declares that they are not allowed to be published;

6) Translate or reproduce in small quantities already published works for the purpose of classroom teaching or scientific research in schools, for use by teaching or scientific research personnel, but must not publish or distribute them;

7) The use of published works by state organs within a reasonable scope for the performance of official duties;

8) Libraries, archives, memorial halls, museums, art galleries, etc., reproduce works in the collection of the library for the purpose of displaying or preserving editions;

9) free performances of published works that have not been charged to the public and have not been remunerated to performers;

10) Copying, painting, photography, or videotaping works of art set up or displayed in outdoor public places;

11) Translate works created in the Chinese language that have already been published by Chinese citizens, legal persons, or other organizations into the languages of ethnic minorities, and publish and distribute them within the chain of national defeat;

12) Convert the published works of Chasun into Braille. The provisions of the preceding paragraph apply to restrictions on the rights of publishers, performers, producers of audio and video recordings, radio stations, and television stations.

In administrative law, it is necessary to distinguish between the conduct of state civil servants in the performance of official duties and the non-performance of official duties, and the following four factors are usually considered in practice:

1) The time factor. Acts committed by civil servants during working hours can generally be considered official acts. Conversely, acts committed by civil servants after work are generally regarded as personal acts;

2) Job factors. The acts carried out by civil servants in the course of their duties are generally regarded as official acts, while the acts carried out by civil servants while leaving the workplace are mostly regarded as personal acts.

3) Responsibility factors. Conduct committed by a civil servant during non-working hours and in the workplace may generally be regarded as an official act if it is related to his duties; On the other hand, if the act was not committed during working hours or in the workplace, and it cannot be proved that the act is related to his duties, the act shall be considered to be an individual act;

4) The command factor. An act of a public servant on the basis of an order, direction or delegation of the Chief Executive Officer may normally be considered to be an official act, while an act shall be considered a personal act if it is not based on an order, instruction, direction or delegation of authority by the Chief Executive, and is not performed during working hours, at the workplace or if it can be shown to be related to his or her duties.

The above four factors or criteria should be considered comprehensively, and there is no absolute or only standard.

Hello, Zhonggong Education is at your service.

Every position will have a job requirement. Job description, etc. You can refer to this, if the behavior is excessive, or you do the content of the work that is not your own job, you can refer to the job requirements. If you have any questions, please feel free to ask questions from Zhonggong Education Enterprises.