Southwest Jiaotong University first-year student Bao Yan falsified business experience
Southwest Jiaotong University Mao Yisheng College's Chen Yuyu's security research fraud incident has already been dealt with, and the school's latest circular has disclosed the details of the fraud.
It was reported that Chen Yuyu's father Chen Fan asked Yin Bangxu, then the head of the Academic Affairs Section of the Academic Affairs Office, to help Chen Yuyu revise his grades. Yin Bangxu for Chen Yuyu violated the rules in the deferral of examinations and course substitutions, resulting in incorrect calculation of the results of 4 courses.
To this end, Southwest Jiaotong University removed Yin Bangxu's current deputy division-level leadership position, immediately transferred from the management department, and gave him a two-year party discipline punishment to reduce the rank of the position; Chen Fan was given a serious warning punishment Punishment for political discipline, and disqualify him as a graduate tutor.
An investigation by a reporter from China Youth Daily and China Youth Daily found that Yin Bangxu and the Chen family had close ties, and the business they were doing was suspected of being illegal. A notice issued by Southwest Jiaotong University indicated that Chen Fan was a teacher of undergraduate course at Yin Bangxu University. In 2018, sophomore Chen Yuyu wrote the papers included in the SCI as the first author. Both his mother and Hong Jie and his father Chen Fan were signed. The thesis supervisor was Yin Bangxu.
In addition, Yin Bangxu had established a company in cooperation with Chen Fan. This affiliated company's procurement of school projects was suspected of being surrounded by bids. The company with He Hongjie as its legal representative, with the help of Yin Bangxu, directly obtained the single-source procurement project of Southwest Jiaotong University in the name of "the only supplier". A number of experts suggested that the relevant departments should further investigate whether the related transaction items are illegal.
"Borrowing a child" is questioned
According to industry and commerce information, Sichuan Shenma Fuyun Technology Co., Ltd., established on December 5, 2014, has a registered capital of 1 million yuan, the legal representative is Chen Fan, and Yin Bangxu is the company's shareholder. On December 24, 2015, the company's equity changed, Chen Fan and Yin Bangxu withdrew, and He Guodong became the legal representative. The company's registered address was moved from outside the campus to the office building of the Modern Industrial Center of Southwest Jiaotong University.
There is a "Circular on Prohibiting Sichuan Shenma Fuyun Technology Co., Ltd. from Participating in the Procurement Project of Southwest Jiaotong University" on the bidding information network of Southwest Jiaotong University. According to the report, in April 2019, Sichuan Shenma Fuyun Technology Co., Ltd. participated in the rapid procurement activities of the Southwest Jiaotong University "Community Youth League Second and Third Class Integrated Information Service Platform Procurement" project (YQSB-2019-002). , Shenma Fuyun had malicious collusion with other suppliers in this procurement activity."
In response, the school imposed disciplinary action against the school’s procurement projects within one year. In other words, before April this year, the company had no right to participate in the procurement project of Southwest Jiaotong University.
According to public information, in April 2019, the above project was won by Chengdu Weitu Technology Co., Ltd. (hereinafter referred to as "Chengdu Weitu Company"), and the winning bid was 346,000 yuan.
Chengdu Weitu was established in October 2015. Six months after acquiring the new project, in October 2019, the equity changed, ushering in new shareholders Sichuan Shenma Fuyun Technology Co., Ltd. and Weng Shiling, the latter holding 10% of the shares and becoming The company's legal representative. Weng Shiling was born in Jinjiang, Fujian in 1994. Information shows that Weng Shiling became a supervisor of Sichuan Shenma Fuyun Technology Co., Ltd. on June 5, 2019.
In addition to the "Communist Youth League Second and Third Class Comprehensive Information Service Platform Procurement" project, Chengdu Weitu also participated in the Southwest Jiaotong University undergraduate teaching information service platform upgrade service procurement project. The transaction date of this project is November 7, 2018, and the transaction amount It is 638,000 yuan.
In September 2019, Chengdu Weitu participated in another project of the school—Leeds College Teaching Management System of Southwest Jiaotong University. The project adopted the “single source procurement method”. On October 24, 2019, the project was finally sold at a price of 539,000 yuan.
Fu Jian, a lawyer from Henan Yulong Law Firm, believes that Sichuan Shenma Rich Peasant Company was prohibited from participating in the procurement project by Southwest Jiaotong University, but participated in the bidding and bidding through Chengdu Weitu Company. This kind of "borrowing a baby" is prohibited by law.
According to the provisions of the Tendering and Bidding Law, if the bidder bids in the name of another person or falsifies or wins the bid in other ways, the bid is invalid. In addition, it is also stipulated that the person in charge of the unit is the same person or a different unit with a holding or management relationship, and may not participate in the bidding of the same bid section or the same bidding project without dividing the bid section. In case of violation, the relevant bids are invalid.
Fu Jian said that Sichuan Shenma Fuyun Company became the new controlling shareholder after winning the bid in Chengdu Weitu Company. There is obvious maliciousness to evade the aforementioned punishment, and the subsequent winning bid shall be deemed invalid.
"Because of this intersection in time, and the need for a certain period of early negotiation before the company changes its registration, Shenma Fuyun has the suspicion of avoiding the punishment by investing in a new company." Yin Shaocheng, deputy dean of the School of Law, Capital University of Economics and Business, suggested , The relevant departments can further investigate whether there are illegal acts in the bidding of the related transaction items.
"Acquaintance" review experts
In fact, Weng Shiling, the legal representative of Chengdu Weitu, also has a status as a shareholder of Nanjing Youbangtu Big Data Technology Co., Ltd. (hereinafter referred to as "Nanjing Youbangtu Company"). This company, established in May 2018, has a registered capital of 2 million yuan, of which the legal representative and Hongjie hold 62.5%, Chen Fan holds 17.5% and Weng Shiling holds 2.5%.
According to industry and commerce information, the two shareholders, He Hongjie and Chen Fan, were born in 1971 in Xinxiang, Henan, and their residential addresses are collective dormitories located on the Jiuli campus of Southwest Jiaotong University.
The school's official website shows that Chen Fan is a tutor for master students at the School of Information Science and Technology of Southwest Jiaotong University, and Hongjie is a tutor for doctoral students at the school. The reporter contacted Hejie many times, and the phone was always unanswered.
So, why do professors from Southwest Jiaotong University go to the suburbs of Nanjing to form companies?
On June 24, a reporter from China Youth Daily and China Youth Daily came to the company's registered address. On Chenlu Road, Xiongzhou Street, Liuhe District, Nanjing, a brand of a Nanjing robot company hangs at the door of its registered office.
Relevant information shows that in 2018, Nanjing Youbangtu Company was selected as the "Nanjing High-level Entrepreneurship Talent Introduction Plan". After coordination with Xiongzhou Street in Liuhe District of Nanjing, a 50-square-meter office in the park was provided to Nanjing Youbang for free. Used by chart companies. The period of use is from May 7, 2018 to May 6, 2019.
The person in charge of an enterprise in the park said that his company was introduced by the local government together with Nanjing Youbangtu Company. He once met He Hongjie from Southwest Jiaotong University at a meeting. "At that time, she felt that her project was not bad." .
After the house expired, the company did not update the office address information. Nevertheless, the company is still undertaking related business. Nanjing Youbangtu Company has 3 records of bidding information, of which two projects are related to Southwest Jiaotong University. Among them, on December 31, 2019, the company undertook the "Procurement Project of Southwest Jiaotong University Undergraduate Teaching Online Service Information Service Platform" with an amount of 695,000 yuan.
Another year earlier, on November 8, 2018, the company undertook the "Southwest Jiaotong University Graduate Admissions Service Platform Development and Data Analysis Service Project" with a turnover of 590,000 yuan. The name "Yin Bangxu" appeared on the list of review experts for this project. There are only 3 people on the list, and according to regulations, the number of members of the reviewing expert must be an odd number of more than 5.
The reporter searched and found that "Yin Bangxu" appeared in the school's news reports many times. According to his job information, he should be the same person as "Yin Bangxu". The project belongs to the Graduate Admissions Office. When the project was tendered, Yin Bangxu happened to be the director of the Graduate Admissions Office of the school and was in charge of graduate admissions.
How to define "single supplier"
The reporter found that whether it was Chengdu Weitu Company or Nanjing Youbangtu Company, the two companies obtained related projects from Southwest Jiaotong University, which belonged to "single source procurement".
"Southwest Jiaotong University Procurement and Tendering Management Measures Xijiao School Tendering and Bidding [2017] No. 7" stipulates that the single source procurement method needs to meet the following conditions: 1. Only can be purchased from the only supplier; 2. Unforeseen If you cannot purchase from other suppliers in an emergency; 3. You must ensure the consistency of the original procurement items or the requirements of the service support. You need to continue to purchase from the original supplier, and the total purchase funds shall not exceed 100% of the original contract purchase amount. Tenths. This regulation was introduced in October 2019.
In addition, the school also stipulates that in the procurement and bidding activities, all relevant personnel who have a stake in the supplier must be avoided; if the supplier believes that the relevant personnel have a stake in the other supplier, they can apply for evasion.
The "Regulations for the Implementation of the Law of the People's Republic of China on Bidding and Tendering" stipulates that legal persons, other organizations or individuals who have an interest in the tenderer and may affect the fairness of the tender shall not participate in the bidding. In case of violation, the relevant bids are invalid.
Yin Shaocheng said that from the currently disclosed information, there is a certain doubt whether the company established by school staff as a single source procurement supplier meets the regulations. The project involved in this case should not belong to the first and third situations in the regulations. Whether it belongs to the second situation still needs further verification.
Yin Shaocheng suggested that the relevant departments should further verify whether the procurement process meets the conditions of single-source procurement and whether there are illegal activities such as interest transfer.
The staff of the Propaganda Department of Southwest Jiaotong University replied that Chengdu Weitu and Nanjing Youbangtu could frequently become the school's "only supplier", unaware of this.
Article 27 of the Government Procurement Law stipulates that if special procurement methods other than public bidding are required, the procurement supervision and administration department of the people's government at or above the municipality or autonomous prefecture shall be approved before the procurement activity begins.
Cheng Xiezhong, a professor at the Law School of China University of Political Science and Law, believes that starting from the principle of due process, "no one can be a judge in his own case", the company set up by the purchaser’s staff should avoid participating in the unit’s procurement activities and avoid conflicts of interest.
Cheng Xiezhong said that if it is really necessary to participate in procurement activities due to the special requirements of the procurement project, it should declare interests before participating in the procurement activities, clarify the interests and obtain the consent of the purchaser. In addition, whether the procurement of this project meets the conditions and procedures of single-source procurement is worthy of further investigation.
Fu Jian also believes that the company founded by school staff has participated in the school’s procurement project and has reached the standard of “interests may affect fairness”. At the same time, the project reviewers are also related to the company’s founder. As an athlete, it has violated the law, and such bidding should be invalid."
China Youth Daily · China Youth Daily reporter Li Chao Source: China Youth Daily