On September 10, 2020, the Chengdu Intermediate People's Court of Sichuan Province opened a public hearing on the case of Qin Guangrong, former deputy chairman of the Internal and Judicial Committee of the 12th National People's Congress and former secretary of the Yunnan Provincial Committee of the Communist Party of China.
On September 10, the Chengdu Intermediate People’s Court of Sichuan Province opened a public hearing on the case of Qin Guangrong, former deputy chairman of the Internal and Judicial Committee of the 12th National People’s Congress and former secretary of the Yunnan Provincial Committee of the Communist Party of China. Qin Guangrong was charged with more than 23.89 million bribes. yuan.
Qin Guangrong pleaded guilty and repented in court.
Qin Guangrong is the first former provincial and ministerial leader to voluntarily surrender issued by the State Supervision Commission of the Central Commission for Discipline Inspection.
On May 9, 2019, the website of the State Supervision Commission of the Central Commission for Discipline Inspection released a message: Qin Guangrong, the former secretary of the Yunnan Provincial Party Committee, was suspected of serious violations of discipline and law and took the initiative to submit the case. He is currently undergoing disciplinary review and supervision and investigation by the State Supervision Commission of the Central Commission for Discipline Inspection.
Vice Governor of Qinghai Province, Secretary of the Haixi Mongolian and Tibetan Autonomous Prefecture Committee, Secretary of the Party Working Committee of the Qaidam Circular Economy Pilot Zone, Wen Guodong, Secretary of the Handan Municipal Committee of Hebei Province Gao Hongzhi, Deputy Director of the Standing Committee of the Changchun Municipal People’s Congress of Jilin Province Shi Changyou, Yunnan Chen Xiaohua, the former vice chairman of the CPPCC in Wenshan Prefecture...The reporter found that in just over a month since August, the website of the State Supervision Commission of the Central Commission for Discipline Inspection published at least 11 news about party members and cadres voluntarily surrendering the case.
Behind the proactive surrender is the continuous deterrence of the anti-corruption high pressure situation, the continuous improvement of related systems and policy inspiration, and the strengthening of ideals and beliefs education.
Under the combined effect of not dare to corrupt, cannot corrupt, and do not want to corrupt, more and more disciplinary and law-violating party members and cadres abandon their fluke mentality, lay down their ideological burdens, and choose to believe in and rely on organizations.
Active surrender changed from phenomenon to normal
The data shows that in recent years, the number of people voluntarily surrendering to the discipline inspection and supervision agencies has shown a substantial increase, and voluntary surrenders are changing from "phenomenon" to "normal."
The work report of the Third Plenary Session of the 19th Central Commission for Discipline Inspection held in January 2019 revealed that since the 19th National Congress of the Communist Party of China, more than 5,000 party members and cadres have voluntarily voted in; the work report of the Fourth Plenary Session of the 19th Central Commission for Discipline Inspection shows that there were 10357 people nationwide in 2019 Take the initiative to surrender.
In terms of the level of survivors, there are both grassroots cadres and middle management cadres.
On July 31, 2018, the website of the State Supervision Commission of the Central Commission for Discipline Inspection released the news that Ai Wenli, the former vice chairman of the Hebei Provincial People's Political Consultative Conference, took the initiative to surrender. Ai Wenli became the first provincial and ministerial cadre to voluntarily surrender after the promulgation and implementation of the Supervision Law.
Up to now, there have been Ai Wenli, Wang Tie, Qin Guangrong, Liu Shiyu, Wen Guodong and others who have voluntarily surrendered since the 19th CPC National Congress.
From the field of work, the survivors include not only leaders of party and government agencies, but also managers of state-owned enterprises, colleges and universities, and village (community) cadres; in terms of age, there are both young cadres, as well as retired and retired cadres.
It is worth noting that active surrenders show a certain degree of concentration in time, and the "domino effect" appears.
For example, less than 20 days after the announcement of Ai Wenli’s surrender, Wang Tie, deputy secretary and deputy director of the Henan Provincial People’s Congress Standing Committee, also surrendered, as well as Wang Shequn, former member of the Standing Committee of the Handan Municipal Party Committee and head of the United Front Work Department, and Wei Chaojie, deputy mayor of Jiaozuo City. Gang Zhentao, a member of the Standing Committee of the People's Congress of Tonghua City, Jilin Province, and many other provincial management cadres surrendered.
The same is true in anti-corruption, chasing and looting.
In August 2018, the State Supervision Commission and other five departments jointly issued the "Announcement on Urging Overseas Persons at Large to Surrender in Duty Crime Cases". Within a day, there were Wu Qing, a suspect in duty crime, and Ni Xiaohu, a suspect in corruption who had fled for 24 years. Wait to surrender back home.
Within the time limit for surrendering as stipulated in the announcement, 165 expatriates voluntarily surrendered.
Promote as a whole
"Especially after the 19th National Congress, the one who fell off the horse one after another was also a kind of shock. At that time, I couldn't eat well and didn't sleep well. I also tried my own things. I felt that I couldn't run away. It's a fluke." In the feature film "National Supervision", Ai Wenli analyzed his own mental process of voluntarily surrendering in this way.
Gang Zhentao also said that after participating in the provincial warning education conference, he was very touched and developed a "five fear" mentality: "One is afraid of going to work, afraid of being taken away on the road; second, afraid of meeting, afraid of being taken away at the venue; Three are afraid of knocking at the office door, afraid that the disciplinary inspection and supervision cadres will come in; four are afraid of the phone ringing, afraid of telling you'come to the disciplinary commission'; fifth, afraid of going home, afraid of entering the community door to welcome the disciplinary inspection and supervision cadres."
Many problem cadres said that they chose to surrender because of "fear."
The word "fear" reflects the powerful deterrence formed by the high-pressure anti-corruption situation on those who violate discipline and law.
Since the 19th National Congress of the Communist Party of China, we have maintained a high-pressure posture of uprightness and discipline, anti-corruption and punishment, and a series of hard-acting measures have demonstrated our party’s firm determination to stick to the main tone of strictness for a long time, which has made many people still imaginative. The problem cadres gradually understood the situation and returned to the correct path of trusting in the organization and proactively explaining.
In the view of Du Zhizhou, deputy director of the Integrity Research and Education Center of Beihang University, more and more disciplinary and law-breaking party members and leading cadres take the initiative to explain the problem. On the one hand, it shows that high-pressure punishment has produced a strong deterrent effect, and the fluke psychology of disciplinary and law-breakers has become greater. The weaker the coming, the more obvious the effect of not daring to corrupt; on the other hand, it also shows that the system construction has achieved certain results, and the system cage that cannot be corrupted becomes stronger and stronger.
In addition to the continuous deterrence of the high pressure situation and the continuous improvement of related systems, policy inspiration and ideological education are also important reasons for promoting the ideological transformation of problem cadres.
Discipline inspection and supervision agencies at all levels insist on actual warning education, arouse the original intention of problem cadres through ideals and beliefs, ideological morality, party discipline and national law education, and let them unload their ideological burdens through policy inspiration and ideological and political work, and seize the organization's "pull" Care and save opportunities, and take the initiative to surrender and explain the problem.
For example, at the Suining Economic and Technological Development Zone's former Party Working Committee member Zhang Guangbao’s disciplinary decision and warning education meeting, the Commission for Discipline Inspection and Supervision of Suining City of Sichuan Province simultaneously read out the notice to urge surrender. Within 7 days after the meeting, 34 people in the Economic Development Zone took the initiative to surrender. Clear the problem, including 4 county-level officials.
"More and more disciplinary and law-breaking party members and cadres choose to take the initiative to surrender, which fully demonstrates the continuous demonstration of the effectiveness of the integrated advancement of not dare to corrupt, cannot be corrupted, and do not want to corrupt." Li Xueqin, vice chairman of the China Center for Integrity Research, Chinese Academy of Social Sciences, believes that with the party's discipline The reform of the inspection system and the national supervision system is constantly deepening, and the advantages of the system are being transformed into governance efficiency. The deterrent effect of not daring to be corrupt is continuously strengthened. The cage that cannot be corrupted becomes stronger and stronger. The consciousness of not wanting to be corrupt is increasing. The comprehensive effect of treating both symptoms and root causes is becoming more prominent.
Voluntary surrender does not mean surrender
A review of the relevant notifications reveals that there are two main types of expressions commonly used for surrendering cadres who violate discipline and law: voluntary surrender and surrender.
What is the difference between the two?
Voluntary surrender means that the party member, the subject of supervision, and the person involved in the case have not been aware of the disciplinary inspection and supervision organs, or have been grasped but have not yet been examined, interrogated, or questioned by the disciplinary inspection and supervision organ, or have not been taken The act of surrendering the case to the discipline inspection and supervision organs during the detention measures.
In addition, relevant personnel voluntarily surrendered to the party organization, unit or relevant responsible person, and surrendered to relevant inspection and inspection agencies, public security organs, people's procuratorates, and people's courts are also regarded as voluntary surrenders.
Article 67 of the Criminal Law of our country stipulates: After committing a crime, he will voluntarily surrender, and if he truthfully confesses his crime, he shall surrender himself.
Criminal suspects, defendants and criminals serving sentences under compulsory measures who truthfully confess to other crimes that the judicial organs have not yet grasped shall be regarded as surrendering themselves.
Voluntary surrender does not mean surrendering.
On the one hand, in nature, voluntary surrender is suspected of violating discipline, illegal duty, or duty crime, while surrender as a legal term is only applicable to situations that constitute a crime. It can be a duty crime or other criminal offenses.
On the other hand, in terms of connotation, the constituent elements of surrender are more complicated.
Specifically, in terms of duty crimes, surrender generally includes two components: one is automatic surrender, that is, the person under investigation puts himself under the legal control of the supervisory authority, and then undergoes investigation and trial; the other is to truthfully confess his crime.
Both must be met at the same time.
If you just surrender, and you fail to truthfully confess after you surrender, you cannot be considered as surrendering.
There is also a difference between voluntary surrender and automatic surrender.
Voluntary surrender involves party members, supervision targets, and persons involved in suspected violations of discipline, duty violations, or duty crimes; automatic surrenders involve duty crimes. Article 31 of the Supervision Law automatically surrenders to suspected duty crimes and sincere repentance. Provisions have been made that supervisory organs can propose lenient punishments to achieve convergence with the criminal law and criminal procedure law.
Voluntary surrenders include both cases where persons suspected of violating disciplines or duty violations surrender to the discipline inspection and supervision organs, as well as situations where persons suspected of duty crimes surrender to the supervision organs automatically.
Regarding the former, the discipline inspection and supervision organs can impose lighter and mitigate punishments in accordance with regulations and laws; if a person who voluntarily surrenders is transferred to justice for a crime committed on duty, the supervisory organ can propose a leniency punishment according to law, and the judicial organs will consider the time of surrender and surrender. Factors such as the reason and the identity of the surrender shall be determined in accordance with the law.
"Contempt for party discipline and national laws, work with scheming, forced the situation to engage in false surrenders to spy on the false and facts, explain the problems to avoid the most important ones, and deliberately oppose the organization's review and investigation, in an attempt to pass the customs." On May 20, former member of the Standing Committee of the Pingliang Municipal Committee of Gansu Province and former executive deputy of the municipal government. Mayor Huang Jizong was announced to be expelled from the party and public office, and the report directly accused him of committing a "false surrender."
In reality, some cadres who violated laws and disciplines "voted without confession", and did not explain the problem after surrendering, just pretending to be a posture and diverting their attention; some "giving the small to cover the big", trying to explain the problem while avoiding the most important issue, trying to explain some minor problems Go through the confession; some "confess first and then turn over", and then turn over the confession after explaining the problem to confuse the audience.
In July 2019, the General Office of the Central Commission for Discipline Inspection issued the "Regulations for Disciplinary Inspection and Supervision Organs on Handling Active Cases (for Trial Implementation)", which further regulated the identification and handling of voluntary surrenders by disciplinary inspection and supervision organs in supervision, inspection, review and investigation, and allowed the handling of voluntary surrenders Work has rules to follow.
Discipline inspection and supervision agencies must carefully review and check, comprehensively consider factors such as the timing of the surrender, the content of the confession, and the stability of the confession, and analyze and judge the true purpose of the person under investigation. It is necessary to play the guiding role of the supervision law on leniency recommendations. It is also necessary to prevent the person under investigation from evading punishment in the name of "surrendering the crime."
Handle those who surrender surrendered in a lenient manner in accordance with regulations, disciplines and laws
"In view of the fact that Comrade Liu Shiyu can voluntarily surrender to the case and truthfully explain the violations of discipline and law, he has a better attitude of admitting mistakes and repenting of mistakes. According to the principle of'punishing the past, treating the sick and saving people', he can be dealt with lightly." October 4, 2019, Liu Shiyu was left by the party Observation for two years, dismissal of government affairs.
Earlier there was Ai Wenli.
Before the incident, Ai Wenli took the stolen money and stolen goods to the Central Commission for Discipline Inspection and State Supervision Commission to surrender to the case, and truthfully confessed his crime.
The Central Commission for Discipline Inspection and the National Supervisory Committee put forward suggestions for mitigating punishment, and the prosecutorial agency’s sentencing suggestions also put forward suggestions for mitigating punishment.
On April 18, 2019, the court found that Ai Wenli constituted a surrender and had a statutory, discretionary, lighter, and mitigated punishment circumstance, and that he could be mitigated in accordance with the law and sentenced to eight years in prison.
The lenient handling of surrenders in accordance with rules, disciplines and laws is conducive to educating and saving party members and cadres who violate disciplines and laws, and it also has a sufficient disciplinary and legal basis.
The Party Disciplinary Sanctions Regulations clearly state that “who proactively confesses the issues that should be subject to Party Disciplinary Sanctions” can be given a lighter or mitigated punishment.
The third article of the supervision and discipline work rules is clear, "to grasp the policy, to combine leniency and strictness, and to take the initiative to surrender and account for the issue of leniency."
Article 31 of the Supervision Law stipulates that the person under investigation who is suspected of committing an official crime confessed his guilt and punished automatically, surrendered automatically, and sincerely repented of the crime, the supervisory agency may conduct collective research by the leaders and report to the higher-level supervisory agency for approval before being transferred to the People’s Procuratorate At the time, a lenient punishment was proposed.
At the level of criminal justice, Article 67 of the Criminal Law stipulates that criminals who surrender can be given a lighter or mitigated punishment.
The Criminal Procedure Law clarifies the principle that criminal cases can be leniently dealt with in accordance with the law for confessing guilt and punishing in the first chapter of the Criminal Procedure Law. Article 15 stipulates that criminal suspects and defendants voluntarily and truthfully confess their crimes and admit the facts of the alleged crimes. Those who are willing to accept punishment can be punished with leniency according to law.
"Applying the leniency system for confession of guilt and punishment can not only improve the actual effect of anti-corruption, but also has a significant effect on actively returning stolen goods, pursuing escape overseas, and persuading return." Gao Mingxuan, professor of Renmin University of China Law School and honorary president of China Criminal Law Research Association It is believed that this move not only embodies our party's consistent policy of punishing the past, treating the sick and saving people, but also conducive to the smooth investigation of cases by the supervisory organs and improving the efficiency of anti-corruption work.
The Fourth Plenary Session of the 19th Central Commission for Discipline Inspection proposed that those who voluntarily surrendered the case should be dealt with leniently in accordance with regulations, disciplines and laws.
In their work practice, the discipline inspection and supervision organs accurately use the "four forms", while continuing to punish corruption and high pressure, they also pay attention to the education and rescue of cadres.
Firmly establish awareness of the rule of law, procedural awareness, and evidence awareness, and carry out work in strict accordance with the prescribed powers, rules, and procedures, and achieve good political, disciplinary and social effects in terms of leniency.
Skynet is restored, careless and not leaking.
For corrupt elements, the only correct way out is to know the way back, turn around as soon as possible, and take the initiative to explain the problem to the organization in awe of the party discipline and the law.
(Our reporter Duan Xiangyu)