How to qualitatively cause huge losses for state -owned assets in incorrect performance

Typical Case

In October 2015, Cui Mou, the chairman of a state -owned company in a province, fully evaluated the argument in the early stage, and decided to start the acquisition of a foreign mineral company, and later reported to the Provincial State -owned Assets Supervision and Administration Commission to approve the consent. In March 2016, the amount of mineral resources of foreign companies and re -production to 1.65 million tons were still uncertain, and the amount of resources required to expand to 2 million tons had a large gap. Tight, it is recommended to treat it carefully. Cui did not pay attention to the risk. He thought that the cost could be controlled to a lower level, and the international mineral market was better in the short term. In June, the Provincial State -owned Assets Commission approved and agreed that the output increased to 2 million tons after the renovation of the technology transformation, and the approval technology transformation funds were 1.5 billion yuan. In October, Cui presided over a report on the renovation plan and proposed to change the plan from "technical transformation" to "maintenance production". After the meeting, the implementation plan changed the approval of "1.5 billion yuan in technical transformation funds" to "800 million yuan in production funds". In March 2017, the board of directors of the provincial state -owned company supplemented and approved the maintenance plan. Because the overall equipment and facilities involved in the technology transformation failed to be replaced, the mainstay of the old equipment and facilities was only maintained and maintained, which caused the production system to be unable to operate stably, the accidents were frequent, the production capacity was low, and the cost was extremely high. In September 2019, production was discontinued due to serious losses. After identification, as of the case, the company was transformed into a maintenance production due to the transformation of technology, causing the technical reform funds to lose, causing direct economic losses to 600 million yuan.

Disagreement

In this case, there are two opinions on how Cui's behavior is qualitative.

The first opinion is that at the report of the renovation plan, Cui changed the "technical transformation" approved by the State -owned Assets Supervision and Administration Commission to "overhaul production" at the report of the reconstruction plan, and afterwards, the board of directors passed the "maintenance production" plan, which belonged to the power transcendence. Therefore, Cui Mou constituted the crime of abuse of power of state -owned companies.

The second opinion is that Cui is seriously irresponsible when investing in foreign mineral projects, and does not pay attention to risk assessment opinions; the technical transformation of the project is not carried out in accordance with the approval plan, and the project is only maintained by the project. It was caused by his incorrect implementation of his duties, so Cui Mou constituted the crime of negotiating from state -owned company personnel.

Evaluation

The author agrees with the second opinion, and the specific analysis is as follows:

1. Cui has an over -sex subjective error

The crime of abuse of power of state -owned company personnel refers to the act of serious losses of state -owned companies due to the abuse of power; the crime of loss of duty state -owned company personnel pointed out that the staff of state -owned companies caused serious losses of state -owned companies due to serious irresponsibility, resulting in national interests, causing national interests Acts suffering from major losses. The main difference between the two crimes is that there are differences in subjective aspects. The crime of abuse of power is mainly the actor aware of the operation of his own power, transcending power, or useful power. Direct intention in the situation, and the crime of negligence is mainly the actor's awareness of his duties, but because of negligence, or too confident, he does not perform or perform his duties correctly.

In this case, when Cui Mou acquired foreign projects, Cui subjectively considered the company's long -term development considerations. He wanted to invest in the company to make a profit and increase the mineral reserves. Correctly fulfill the duties of the chairman, do not seriously review and study the conclusions of the investigation, and do not pay attention to the question of some members of the team. It derists of the prompt of major risks. The method is the manifestation of the eagerness to achieve success and the quick work, and to exercise the responsibilities. It has a subjective error, which is an over -confidence fault.

2. Cui has a manifestation of misconduct

According to the "Corporate Law" and "Several Provisions of State -owned Enterprise Leaders" and other regulations on the organizational structure of state -owned enterprises and the authority of the main person in charge, Cui, as the main person in charge of the provincial state -owned enterprise, is actually mainly to convene the hosting company meeting. Submit the review of business plans, investment plans, and performing supervision and management responsibilities to ensure the value -added and value -added and value -added state -owned assets, organize meetings to carefully study and decide major matters, etc., and have statutory responsibilities for macro control, proper procedures, proper disposal, and proper results of the above matters. Generally speaking, first of all, the minimum standards that meet the legal norms, that is, the "prescribed action" must be in place. Secondly, it is necessary to conform to the usual practice of industry operations, which is rational, has a wide range of acceptance, and has a coherent performance. There is no logical contradiction, that is, the "self -selected action" does not exceed the necessary limit.

The key to the identification of this case is whether Cui has an act of abandoning his duties and failure to fulfill his duties, as well as the incorrect performance of rough branches and leaves, perfunctory responsibilities, and arrogance. When Cui decided to invest in foreign mineral projects, Cui lacked legitimacy and rationality in fulfilling their duties. In the case of unsuccessful decision -making conditions and not having the foundation, excessive self -confidence can achieve the results of their hopes. , "Self -selected action" is not done well. Before the project decision, Cui ignored the economic laws and pursued efficiency one -sided. He did not conduct a full inspection and investigation and demonstration in the early stage. He did not have a deep understanding of the purchase of production capacity, local industrial policies, laws and regulations, etc., especially for professional risks. , Based on personal subjective judgment, the project is feasible and rushed to the horse. During the study of the board of directors, Cui ignored the market's sluggish and too optimistic investment prospects. He had an obvious personal preference for the existing market risks, production capacity risks, and lack of social risks. Investment decisions had obvious personal preferences. After the project is implemented, the original equipment and facilities are aging, the production capacity is insufficient, and the craftsmanship is old. When the production standards are not met, the production is blindly resumed, causing a lot of waste of funds. Cui Mou's decision -making behavior of granted is a typical behavior of incorrect performance. Of course, in the implementation of the project, the "technical transformation" is changed to "repair production" and inverted procedures for discussion in order to catch up with the work period. Seize the main aspects of the main contradictions and contradictions. In this case, Cui was dominated by the blind decision -making behavior under the domination of subjective and subjective will. Behavior, active role, and the overall evaluation of it cannot be separated from the leading behavior of the negligence. According to the principle of unity of the subjective and objective, Cui's behavior attributed the internal evaluation of the dominant behavior of the leading behavior of incorrectly fulfilling its duties. On the one hand, Cui has impact on changing technical transformation methods and inverted review procedures, and has the characteristics of abuse of power, but its essence is that in order to implement decision -making deployment, it should still be included in the category of incorrect performance duties. On the other hand, from the perspective of personal will and power exercises, Cui has not used the tough suppression of power, the tough suppression of the right to use, and the implementation of the implementation of its decision -making will.

3. Cui played a decisive role in the result of the loss

During his tenure, Cui was blindly decided during the implementation of the project. He did not seriously acquire foreign mineral companies and technical reforms in accordance with laws and regulations. The incorrect performance department caused the decisive factor that caused major losses. First of all, changing the contents of the approval and replenishment of the post -after -to -after review are only the specific interference behaviors on the point, so such behaviors will not lead to loss results. Secondly, the implementation of Cui Mou's decision -making will have intermediate transmission and specific implementation links, and exclusion of intervention factors interference is another key to accuracy. The existing evidence confirms that the person in charge of the subsidiary responsible for the acquisition of the project has a good relationship with Cui in order to meet Cui Mou, and "resolutely" implement Cui Mou instructions on important matters such as project acquisitions and repairs. Essence Although the person in charge is an important part of the implementation of the specific project, it is reduced to a tool. It is the transmission and transition of Cui Mou's will. Cause and effect with the consequences of losses. (Tian Liang, Supervision of Gansu Provincial Commission for Discipline Inspection)

Edit: Wang Danwen

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