Do not retire in reign?Be wary of "optional corruption" after the cadres leave
Author:Look at the think tank Time:2022.06.23
The disciplinary inspection and supervision cadres of Luxian County in Sichuan Province have conducted supervision and inspection of the enterprise and administrative examination and approval bureaus, and seriously investigate and deal with the corruption of leaving and retired cadres to use influence to obtain benefits. The picture shows the county's disciplinary inspection and supervision cadres in the window of the administrative examination and approval bureau to verify the situation of the corporate enterprises of the corporate business of departure and retired cadres in violation of regulations. Photo by Wu Wei
Xue Heng, the former deputy secretary and vice chairman of the Liaoning Provincial Committee of the Liaoning Provincial Political Consultative Conference, was recently prosecuted. The procuratorate sued Xue Heng to use his original deputy governor of Liaoning Province, secretary of the Party Committee of the Provincial Public Security Department, and deputy secretary of the Party Group of the Liaoning Provincial Political Consultative Conference. The convenient conditions for the formation of power and status of vice chairman to help relevant personnel provide help in changing criminal compulsory measures and illegally accept huge property of others.
Near the retirement "escape" departure, after leaving, using influence to accept bribes, and after leaving the office, he will be paid in violation of regulations ... Among the typical cases reported by the disciplinary inspection and supervision authority in the near future, some party members and leading cadres have attracted attention after the departure of the departure. The departure does not mean that it is not subject to discipline and law. Whether it is the impact of the authority during the working period or the public resources that you have mastered illegal interests, or "time difference" and "optional corruption", it will be seriously investigated.
Reporter | Chai Yaxin
This article is reproduced from the WeChat public account "China Discipline Inspection and Supervision" (ID: zgjjjcb). The original first was released on June 20, 2022. The original title was "Deep Concern | Equity Restrictions", which did not represent the viewing think tank viewpoint.
1
After retirement in advance,
Use the interest circle formed with illegal merchants to collect money
In September 2016, 51 -year -old Jiang Tingxian applied for retirement in advance at the position of the party secretary and director of the Jiulongpo District Tourism Bureau of Chongqing. The reason why he chose to terminate was because he had the abacus of "making a lot of money".
In the summer of that year, Zhu Mou, the general manager of a certain aluminum company in Chongqing, asked Jiang Tingxian to drink tea. At that time, Zhu was planning a recycled aluminum project, and wanted to ask Jiang Tingxian to go out for preparations, and promised him to give him 500,000 annual salary and 6%of the shares.
"At that time, I thought that the conditions he gave me was good. Do the project and cast the stolen money he had received before. Maybe he would make a fortune in his later years." Jiang Tingxian fantasized to change his life.
At the same time, Jiang Tingxian also has his own "business scriptures". Jiang Tingxian has successively served as the "first leader" in the management committee of the Baiyihua and Seedling Industry Demonstration Park in the Baishihua Flower and Seedling Industry Demonstration Park in Baishi City, Jiulongpo District, Chongqing City. During his tenure, Jiang Tingxian made benefits for others in terms of engineering contradictions, construction contradictions and coordination, and engineering funds. After retiring, he used most of the bribes he received to operate Chongqing Wanhua Valley Ecological Tourism Development Co., Ltd., and gradually became the company's legal representative from the "behind -the -scenes boss". Among them, some bribery models were "benefits and fees" agreed with the businessman's boss during their tenure, and after Jiang Tingxian retired, it was fulfilled.
"During his tenure, Jiang Tingxian began to pave the way for business after leaving. He accumulated the" original capital '"by forming a circle of interest with illegal merchants, weaving the" relationship "for himself, and accelerating the realization of power by retirement. "Zhu Jianming, director of the Case Hearing of the Commission for Discipline Inspection of Jiulongpo District, introduced that Jiang Tingxian's selection of the tourism industry was precisely because of the connections and resources accumulated during the office of the district tourism bureau that he could pave the road for himself in the tourism industry.
In October 2021, the Commission for Discipline Inspection of the Jiulongpo District conducted a review and investigation of Jiang Tingxian. The case handler found that Jiang Tingxian's illegal business -oriented enterprises also attempted to further cover up the behavior of previous rights and money transactions through the bribery of bribery and receiving in whitewashing. Due to the suspected money laundering crime, the Commission for Discipline Inspection of the Kowloon Po District has transferred relevant issues to the public security organs to deal with it in accordance with the law. In April 2022, Jiang Tingxian was transferred to the People's Procuratorate of Kowloon Po District for review and prosecution for suspected bribes and abuse of power.
2
After the cadre is left, the occupation is within a certain time limit
Directly related to its original work business,
It is easy to lead to unfair competition,
The problem of power search or monetization of power is used to use job influence
"Among these corruption cases, whether it is a business -oriented business after leaving the job like Jiang Tingxian, or to the corporate company, part -time, and receiving high 'salary', the essence is to use the influence of power during the working period and the public resources to obtain private interests. The integrity of public power has also damaged the fair and fair market economic environment. "Zhu Jianming said.
Internal party regulations, laws and regulations, and standardized documents have strictly required and standardized the behavior of various types of public officials after leaving the post. For example, the "Civil Service Law of the People's Republic of China" and "Opinions on Further Regulating the issue of part -time (job) of party and government leaders in corporate and government" clarify the "three years and two inaccurate", that is, party and government leaders resign from public office or retreat (leave). In the next three years, the enterprise part -time (serving) within the area and business scope of the original position under the jurisdiction of the duties shall not be obtained, nor shall not engage in profit -related activities related to the original jurisdiction. Party and government leading cadres who have been approved in the enterprise shall not receive compensation, bonuses, and allowances in the enterprise.
The reason why the scope and time of party members and cadres will be restricted after leaving party members and leading cadres is because after the party members and leading cadres leave, the original authority will also affect and play a role in a certain scope and period. If the occupation that party members and cadres leave after the departure are directly related to their original work business within a certain period of time, it will easily lead to unfair competition, and the problem of using duty influence for power search or realization. "In recent years, some people's corruption has become more hidden and complicated.
In Jiang Tingxian's case, "optional corruption" exists. The so -called "optional corruption" is that leading cadres use their power to make a profit for others when they are reigned. The two parties discuss that the public officials will be able to fulfill the "return" in a certain form after they leave or retire in some form, similar to a commercial "option transaction".
There is a large "time difference" between profit and return, which is a major feature of "optional corruption". "When Jiang Tingxian conspired to obtain unfair interests for illegal merchants, the bribes first made a commitment, but did not fulfill them immediately. When Jiang Tingxian's business business, they would transfer the bribery in the name of investment." Zhu Jianming said that the seemingly legal market economy behavior actually covered up The fact is the fact that power and money trading.
Zhu Jianming told reporters that from the previous cases, "optional corruption" mostly breeds in the fields of project bidding, land bidding, patrol, government procurement, loan approval and other fields. Public officials take care of the "order" of the bribery, and the bribers give " Customized "returns not only destroyed the fair competition of the market economy, but also seriously damaged the credibility of the party and the government. "Due to the more hidden means of options trading, the incubation period of corruption is stretched, and the bribery people are even more unscrupulous. The phenomenon of low -selling state -owned assets and high -priced acquisitions occur from time to time, causing serious losses of state -owned assets."
"These leading cadres change the traditional model of 'one -handed money, one hand, one hand, and one -handed work, in an attempt to evade supervision and legal sanctions through the means of extended payment." Li Huichun, deputy director of the Eighth Review and Investigation Office of the Hangzhou Discipline Inspection Commission of Zhejiang Province, said Looking at the essence of the phenomenon, regardless of whether it is resigned or not, as long as the corruption is implemented, it will inevitably be investigated.
3
Utilize the impact and work connection of original powers, status,
Through other countries, the staff
In order to receive benefits, essence is still power and money transaction
On June 13, the Commission for Discipline Inspection of Jiaxing City, Zhejiang Province issued a notification that Shen Jianyang, a former member of the former Party Committee and deputy director of the SASAC, was expelled from the party for serious disciplinary violations. Since retiring in January 2015, Shen Jianyang not only violated the rules and part -time paid, but also used the original position of the original position to obtain unfair interests for others and illegally receive huge property.
Some leading cadres did not directly "go to the sea" to do business or go to the company in violation of the rules, but use the influence of the original position to seek unfair interests. According to the second paragraph of Article 388 of the Criminal Law, the state staff who resigned uses the convenience conditions formed by the original authority or status, and through the behavior of the staff of other countries, in order Those who accept the entrustment of the trustees will constitute the crime of using influence to accept bribes.
In 2008, Ye Mouguang, the head of the original mineral resource department of the Land, Resources and Housing Management Bureau of Guangzhou City, Guangdong Province, was "double -opened" and was sentenced to two years in prison for bribery. A certain light was caught again.
After being expelled from public office, Ye Mouguang thought he was no longer bound by discipline and law, and he was even more unscrupulous. In 2014, Zeng Moushan, former deputy mayor of Huadong Town, Huadu District, and the former deputy director of Shang Mou, the former deputy director of the "old town, old factories, old factories, old villages) of Huadong Town Some staff members of the Land and Resources Department of Huadu District are convenient conditions for former colleagues and friends. Let them use their positions to help the trustees to handle illegal use map spots to retain the buildings on the illegal land. In return, Ye Mouguang received a "benefit fee" of 500,000 yuan invited by the trustee.
From 2015 to 2017, Ye Mouguang was made by the law, and once again used the influence to receive the benefits of 260,000 yuan. In the end, Ye Mouguang was sentenced to two years in prison for using his influence to accept bribes.
"After leading cadres, they use influence to take bribes or make profits for others, which is closely related to their original powers and status." Zhu Jianming analyzed that this is the impact and work connection of the original authority and status. Come to ask the trustees to obtain unfair interests, so as to accept the benefits. The essence is still right and money transactions, which constitutes violation of discipline and law.
The indirectization of power and money transactions is a characteristic of such problems, and this indirectness has caused some difficulties to supervise the supervision of leading cadres and related supervision, inspection, review and investigation. Leading leading cadres often take the name "intermediary" and "intermediary" to act as a guest of power and bribes. The power person often does not contact directly with the "influence" of the "influence" based on the old leaders. Some of them have not even received benefits, and it is difficult to find interest conversion behavior through investigation of social relations between the power of power.
The continuation of power influence is the "invisible" hazard of such problems. "Through the previous cases investigated and dealt with, it can be found that in order to keep the on -the -job power 'continuing' after leaving, some leading cadres promoted the cadre to promote the promotion and adjust the cadres to important positions, and continue to be their own position. It is used. "Zhu Jianming said that the behavior of" sowing "and" harvesting "after office was often accompanied by corruption, and it was more official in the official" small circle "and" skirt ". "Although people have left their posts, the relationship and influence of human connections are still there." Song Wei said that the use of the original position influence to make a profit, and the personnel of relevant units often involve the political ecology, and the interests of political and business interests and "encircle hunting" Waiting behaviors will also have a bad impact on market order and social ecology.
4
Enrich the means of supervision and form a joint effort.
Strengthen the management and supervision of leading cadres of departure
Recently, the General Office of the Central Committee of the Communist Party of China issued the "Opinions on Strengthening the Construction of the Party's Party in the New Era". In terms of strict discipline and rules, it is clearly put forward It is not allowed to use original powers or positions to seek benefits for themselves and others.
"Where the influence extends, the supervision must be followed up." From the perspective of Fu Liguo, member of the Standing Committee of the Discipline Inspection Commission of Xiaoshan District, Hangzhou, there are relevant regulations on the supervision of leaving leading cadres. At the same time as the institutional cage, it is also necessary to strengthen management and supervision and reminder education for retired party members and cadres, and regularly supervise and inspect personal related matters.
Do not leave the job and leave the job without being separated. Experts suggest that you should start with the "two responsibilities", and party organizations and corresponding disciplinary inspection and supervision organizations of party members and leading cadres should strictly implement the main responsibilities and supervision responsibilities to enhance supervision capabilities.
"I solemnly promise that after I leave, I strictly abide by the relevant restrictions, and never engage in lawyers' occupation ..." Not long ago, Zhang Ting, deputy chairman of the Financial Court of the People's Court of Yiwu City, Zhejiang Province, completed the resignation procedures. The Municipal Discipline Inspection Commission's discipline inspection and supervision team and the staff of the court's political department signed the "Letters of Lifting".
Some judicial public officials are engaged in the profession of lawyers in violation of regulations after leaving the office, and even act as "judicial customers" to violate the "three regulations" to prevent intervention in judicial justice and affect law enforcement judicial justice. In the second half of last year, the Discipline Inspection and Supervision Team of the Municipal Procuratorate of Yiwu Municipal Commission for Discipline Inspection found in daily supervision that three retired cadres in the institute greeted the relevant case police officers. The disciplinary inspection and supervisory team immediately gave feedback to the party group of the hospital and urged the institute to continue to strengthen the supervision and management of the prosecutor of the departure. The leaders of the hospital's party group reminded the three retired cadres involved in the "one -to -one" conversation, and organized departure and retired cadres to learn relevant documents and regulations to remind education.
Clarify the "available" and "unable to do" of party members and leading cadres to provide strong support for supervision. After Jiang Tingxian's case, the Commission for Discipline Inspection of the Jiulongpo District of Chongqing City carried out the work and reform work from points and face -to -face, and led with the Organization Department of the District Party Committee. , Comprehensively investigates the employment and retirees illegal business -oriented enterprises, and part -time acts of illegal employment, and refine the requirements of the employees of the resignated personnel. At present, they are studying and formulating more specialized and targeted standards. Zhangjiagang City, Jiangsu Province has sorted out the issues of violations of regulations and disciplinary violations of cadres who have investigated and dealt with in the past 15 years, and summarized 20 integrity risks from four levels, including ideological understanding, work responsibility, discipline and law, and social life.
Enrich supervisory means, integrate information resources, fully apply big data and other means to analyze and compare, and improve screening accuracy. The Discipline Inspection Commission of Hongze District, Huai'an City, Jiangsu Province and the banking system jointly developed the "Cloud Online Banking Integrated Regulatory System" to implement a large -scale in -war and early warning system. According to this warning system, the Supervision of the Hongze District Commission for Discipline Inspection and Supervisory Committee accurately and quickly verified the retired Hongze District Renhe Grain Reserve Director Guo, Guo Mou, illegally traded the law of disciplinary illegal laws.
"The experience of the departure personnel of the national court and the procuratorate's departure personnel in violation of regulations is worth learning from." Zhu Jianming suggested that through data resources such as the integration of public officials and close relatives, the research and development regional resignation public officials' illegal employment screening system can be explored Use big data to do a good job of warning.
In order to prevent the issues of "rotating doors" and "option corruption" of political and business, experts suggest that they should focus on important areas, key positions, disciplinary inspection and supervision organs, organization departments, and auditing agencies. "Realize the audit of economic liability, departure and post -audit of the economic liability period, and after -the -after audit, joint financial, taxation, audit and other departments to explore the big data screening mechanism for personal property and close relative property trajectory after leaving the job, so that the" unjust financial wealth 'Hidden now. "Zhu Jianming said.
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