Arrogant village tyrant
Shi Fenggang, former secretary of the Party branch of Xinzhuang Village, Xindian Town, Fengtai District, Beijing, was involved in crimes and serious violations of discipline and laws.
Shi Fenggang, former secretary of the Party branch of Xinzhuang Village, Xindian Town, Fengtai District, Beijing, and former director of the village committee. He joined the Xinzhuang Village Committee in 2008 and was in charge of the joint defense team. Since 2010, he has served as the director of the Xinzhuang Village Committee. Joined the party in violation of regulations through forged materials; in 2013, he was elected as the party branch secretary of Xinzhuang Village through canvassing and bribery, concurrently serving as the director of the village committee and the head of the village collective economic organization.
On September 14, 2020, Beijing No. 2 Intermediate People's Court sentenced Shi Fenggang to life imprisonment, deprived of political rights for life, and confiscated all his property for committing fifteen crimes of organizing, leading a triad organization, and corruption.
His son Shi Yang, his wife Zhao Shulian and other 21 people were sentenced to imprisonment ranging from 25 years to one year and six months, as well as confiscation of all personal property or fines.
Shi Fenggang and others appealed against the verdict.
On October 30, 2020, the Beijing Higher People's Court ruled in the second instance to reject Shi Fenggang's appeal and uphold the original verdict.
On November 13, Beijing held a warning education conference of "Taking Cases as a Lesson and Promoting Reforms". Shi Fenggang and his group were notified and exposed as the "protagonists" in the warning education film, which became a model of Beijing's crime-related crimes, discipline and law violations. .
Two-faced people who are good at disguising. After being arrested, some villagers even fought against each other over debating their good or bad.
Soon after Shi Fenggang was captured, the author went to the Xinzhuang Villager's activity room and found dozens of pennants praising Shi Fenggang's "contributions" hanging on the wall.
“Shi Fenggang’s arrest in Xinzhuang Village caused a great shock. Some villagers who didn’t know the truth wondered'why did they catch such a good cadre?” said Li Ruiming, a cadre of the Commission for Discipline Inspection of Fengtai District. Good guys or bad guys fight on the bus.
How did a long-time criminal "big brother" become a "good secretary" in the eyes of some villagers?
Xinzhuang Village is an administrative village in Changxindian Town. It is located in the shallow hilly area outside the West Fifth Ring Road. It has 3 natural villages under its jurisdiction and more than 2,700 villagers. The life is not well-off, and the residence is scattered and information is relatively blocked.
On the one hand, Shi Fenggang used villager representatives to travel and distribute rice noodle oil to villagers to win over people's hearts. On the other hand, he was particularly low-key in front of villagers and never revealed his wealth.
Few people know that Shi Fenggang has a mansion in the village with an area of more than 20 acres and a building area of more than 10,000 square meters.
In the palace-like mansion, there are more than 7 million cash and gold bars weighing more than 30 kilograms. The cloakroom is full of luxury goods, high-end cigarettes and alcohol are full of the warehouse, KTV, swimming pool and other entertainment and fitness facilities.
The investigator said: "Shi Fenggang is a typical two-faced man. He wears plain clothes on weekdays, but the carved closet in his mansion is covered with mink coats; he drives the Passat car of the village committee, but the parking lot in his mansion However, there are more than 20 luxury cars parked; the office of the village committee is simple and simple, but in its personal study room, celebrities' calligraphy and painting are stacked everywhere, and various valuable handicrafts are filled with bookcases."
At the same time, Shi Fenggang also gathered a group of social idlers, instructing or indulging them to intimidate and threaten villagers who did not obey his management, but he hid behind the scenes and would not come forward easily.
A former staff member of the village committee said: "Shi Feng just bought dozens of recording pens to monitor the villagers. No one in the villagers who knows the truth dares to say that he is not good, because they don't know what words are passed to his ears."
Shi Fenggang's superb "acting skills" kept many villagers in the dark until he was arrested. Some people still knew nothing about Shi Fenggang's violation of discipline, law or even crime.
Unauthorized arbitrarily engaged in "family rule", gathering people to encircle the town government to stage a "liwei drama"
After Shi Fenggang became the top leader, he immediately carried out a "big change" of the "two committees" of the village, placing his cronies in important positions in the village, and doing a lot of "single talk".
Because they could not understand Shi Fenggang's arbitrariness, some village committee members chose to resign.
Shi Fenggang was amassing wealth and playing power, just like the "Emperor of the Earth" in the village. His wife Zhao Shulian also followed suit and was called the "Queen Dowager" by the villagers.
In order to maintain the "family rule" and let his son Shi Yang "success" smoothly, Shi Fenggang repeated his old skills and arranged for Shi Yang, who had just graduated from university, to join the party organization through various means and placed him as a member of the "two committees" of the village. By canvassing votes all the way, Shi Yang was elected as a representative of the Fengtai District People's Congress, packaging him as a "political star" in the eyes of the villagers.
And this "star" has been raising a group of thugs for a long time, fighting and arrogant, and the villagers who have been "learned" by him dare not speak.
Shi Fenggang, who dominates village affairs, is even more unscrupulous.
He transformed dozens of acres of woodland on the west side of the village into private gardens in the name of fire prevention, built pavilions, dug artificial lakes, and built vegetable sheds for private use, turning the entire hill into his own back garden.
In order to satisfy the ever-increasing greed, Shi Fenggang used harsh methods such as cutting off water and electricity, digging a trench in front of the door, and charging sky-high sanitation fees to force the villagers who rented the land in the village to transfer their assets such as land and workshops to him at a low price.
Among them, Uncle Peng, who was over seventy years old, was anxious and angry when faced with the siege and squeeze. He suddenly suffered a brain hemorrhage and fell into the yard. He could only watch the other party take away his land at a low price.
According to the investigation, Shi Fenggang grabbed huge economic benefits totaling 580 million yuan in land acquisition and demolition.
In 2017, Xinzhuang Village and neighboring villages clashed due to the issue of slate mountain boundaries.
After that, the "Liwei Drama" directed by Shi Fenggang himself was staged.
His wife Zhao Shulian took the opportunity to organize hundreds of villagers who did not know the truth to besiege the Changxindian town government, causing the town government to be unable to work normally for six hours.
Shi Fenggang sang "red face" at the confinement scene, pretending to mediate the conflict, and persuaded the villagers to go home early.
After the villagers returned to the village, he openly gathered key members who participated in the containment at the village committee and summed up "experience" on the spot.
The strange thing is that in the face of the siege, the party committee of Changxindian Town neither reported to the higher party committee and the Disciplinary Committee, nor did it conduct a thorough investigation of the matter, let alone hold the parties accountable.
Li Zhengbin, member of the Standing Committee of the Fengtai District Committee, Secretary of the District Disciplinary Committee, and Director of the Supervisory Committee, said that the township party committee neglected the management of the "two committees" of the village, and some township party committees even turned a blind eye to the so-called "ruthless" and "able people" in running the village. In the end, it is precisely this kind of indulgence that has caused grass-roots leaders in rural areas like Shi Fenggang to gradually become a powerful force, and even become an evil force.
"Shi Fenggang's group was able to wash from'black' to'white' and use'red' to nurture'black', using violence and'soft violence' to achieve its political and economic goals, which was largely due to his ability to illegally mix into the party Organization.” The case handler said that the procedures for recruiting party members at the grass-roots level are not strict and non-standard, which objectively provides convenient conditions for Shi Fenggang to place cronies and develop party members.
In the final analysis, it is the primary responsibility of the grassroots party organization in administering the party strictly and strictly, and it has not realized the serious consequences of the clan forces' control of the grassroots political power.
The party governs the party loosely and softly, and in the end it can only suffer the consequences.
The party committee of Changxindian Town was notified of accountability. The two township party committee secretaries of Changxindian Town were respectively dismissed from the party’s posts and severely warned within the party. The former secretary of the Disciplinary Committee of Changxindian Town was given a severe warning from the party and removed. In leading positions, more than 40 party members and cadres have been punished by party discipline and government affairs and organized.
Winning cadres pursues the "optimal cost" principle. If you can find a person who can directly handle it, you will not find the section chief, and you will not find the director
According to the investigator, one of Shi Fenggang's characteristics is that he is good at calculations. As long as he is not directly able to use the relationship, he rarely "connects the antenna" and "draws the relationship" everywhere.
When wooing and corrupting public officials, Shi Fenggang has long pursued a principle: the cost is the best, that is, if you can find the person who is directly responsible, you will not find the section chief, and if you can find the section chief, you will not find the director.
Judging from the situation of the "umbrella" cadres involved in the case, there are not only town government staff, but also district planning and natural resources, forest public security, urban management and law enforcement and other departments. The highest administrative level of the directly involved personnel is deputy division level.
Zhang Guanghong, the former head of the Criminal Investigation Division of the Forest Public Security Division of Fengtai District, is one of them.
The Criminal Investigation Division where Zhang Guanghong works is responsible for maintaining public order in the area and protecting forest resources in the area. Xinzhuang Village has a large area of forest land, which is just under his jurisdiction.
After receiving Shi Fenggang's "benefits", Zhang Guanghong indulged Shi Fenggang and others' repeated illegal and criminal acts of destroying forest resources, and did not investigate and deal with them, resulting in the destruction of more than 100 acres of trees.
Shi Fenggang and others also used the damaged woodland to build a number of illegal buildings to defraud huge amounts of compensation for demolition.
At the same time, Shi Fenggang did not forget to "vote for peaches", and Zhang Guanghong's wife contracted a large piece of woodland in Xinzhuang Village at a low price.
From 2010 to 2011, Shi Fenggang used the convenience of assisting the government to carry out land acquisition, demolition and resettlement work, and cooperated with Zhang Guanghong to conceal the fact that his wife’s illegal construction on the contracted forest land had been punished by the former Fengtai branch of the Beijing Municipal Bureau of Land and Resources and required to be demolished. The defrauding of more than 18 million yuan in compensation for housing, suspension of production and business, belongs to Zhang Guanghong.
However, even for such "iron buddies", Shi Fenggang, who was savvy in calculations, later collected 6 million yuan from Zhang Guanghong's wife.
In response to the shortcomings and loopholes in the operation and supervision of “micro-power” at the grassroots level in key industries and key sectors exposed by Shi Fenggang’s case, Beijing’s discipline inspection and supervision agencies at all levels will deepen the “open umbrellas and break the Internet” and increase key cases. While investigating and supervising the handling, strengthen the use of cases as a mirror, use cases to promote reforms, improve systems and mechanisms, plug management loopholes, and promote long-term governance.
Quantitative analysis
After review and investigation, Shi Fenggang has the following disciplinary violations and suspected crimes.
In terms of violation of party discipline: Violating political discipline and political rules, engaging in non-organizational activities such as forming party privates, forming gangs, and cultivating personal power within the party, and gaining political capital through activities such as exchange of interests and building momentum for oneself. Disloyal and dishonest, being a double-faced person, being a double-faced person, not requesting instructions from the organization, reporting major matters in accordance with relevant regulations, organizing and using clan power, undermining the party’s grassroots organization, controlling grassroots power, manipulating and undermining grassroots general elections, using family, Clan forces run rampant in the village, dominate one side, causing bad political consequences; violate the spirit of the eight central regulations, travel with public funds in the name of inspection; seriously violate organizational discipline, change major decisions made by the party organization without authorization, and personally decide major issues within the party Non-organizational activities such as canvassing votes during elections and voting activities prescribed by law, in violation of relevant regulations and procedures to recruit party members; serious violations of integrity and discipline, indulging and acquiescing spouses and children to use their powers for personal gain, using powers and influences for relatives and Other specific related parties seek benefits and give gifts that are clearly beyond normal courtesy to persons engaged in official duties; severely violate mass discipline, use clan and evil forces to oppress the masses; severely violate work discipline, intervene in and intervene in construction project contracting and collective assets Contract leasing and other matters; serious violation of life discipline, extravagant life, and greed for pleasure, causing serious adverse effects.
In terms of suspected crimes: Shi Fenggang is suspected of organizing and leading a triad organization, crimes of creating disturbances, crimes of forced trading, crimes of extortion, crimes of obstructing soldiers from performing their duties, crimes of assaulting state agencies, crimes of intentional injury, crimes of intentional destruction of property, and illegal occupation The crime of agricultural land, the crime of bid collusion, the crime of embezzlement, the crime of bribery by non-state personnel, the crime of corruption, the crime of bribery, and the crime of bribery.
On May 20, 2019, the Standing Committee of the Fengtai District Commission for Discipline Inspection decided to expel Shi Fenggang from the party, and the suspected crime was transferred for review and prosecution.
On September 14, 2020, the Beijing Second Intermediate People's Court issued a first-instance verdict on the case of Shi Fenggang and other 21 people suspected of organizing, leading, and participating in a gangster organization, and sentenced them to 15 counts of organizing and leading a gangster organization and corruption. Shi Fenggang and Shi Yang were sentenced to life imprisonment and 25 years of fixed-term imprisonment, as well as the confiscation of all personal property.
Shi Fenggang and others refused to accept it and filed an appeal.
On October 30, 2020, the Beijing Higher People's Court ruled to reject the appeal of Shi Fenggang and others and uphold the original verdict.
Disciplinary basis
Regulations on Disciplinary Actions of the Communist Party of China (2015)
Article 27: When a party organization discovers that a party member has committed corruption, bribery, dereliction of duty, and other criminal laws that are suspected of committing a crime during disciplinary review, it shall be given sanctions of removal from the party’s position, staying in party probation, or expelling from the party.
Article 52: Those who engage in gangs, form private parties, form gangs, cultivate private forces, or gain political capital through activities such as engaging in the exchange of interests and building a momentum for themselves shall be given a serious warning or be dismissed from the party’s posts; If the circumstances are serious, they shall be subject to party probation or expelled from the party.
Article 56: Those who organize and use clan forces to oppose the party and government, hinder the implementation of party and state policies and decision-making arrangements, or undermine the construction of the party’s grass-roots organizations, will be given to the planners, organizers, and key members to stay in the party Probation or expulsion from the party.
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Article 63: Whoever violates the principle of democratic centralism, refuses to implement or arbitrarily changes major decisions made by the party organization, or violates the rules of procedure, and an individual or a small number of people decides on major issues shall be given a warning or severe warning; if the circumstances are serious, they shall be given Dismissal of party positions or stay in party for probation.
Article 82: Indulge or acquiesce in spouses, children and their spouses and other relatives and staff around them to use the power of party members or cadres to seek personal gain. If the circumstances are minor, a warning or a serious warning shall be given; if the circumstances are more serious, Punishment of removal from the party’s position or staying for party probation; if the circumstances are serious, a punishment of expulsion from the party.
The Criminal Law of the People's Republic of China
Article 382: It is a crime of corruption that state functionaries use the convenience of their positions to embezzle, steal, defraud, or illegally occupy public property by other means.
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Article 385: State functionaries who use the convenience of their positions to solicit property from others or illegally accept property from others to seek benefits for others are crimes of accepting bribes.
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(Wang Chao Xu Shucheng)