Zhang Jingqiang, the former mayor of Tieling, sentenced to three and a half years in prison: zero land price investment causes a loss of 1 billion yuan

  A verdict published by China Judgment Online on October 16 showed that Zhang Jingqiang, who served as the mayor of Tieling City in Liaoning from January 2006 to May 2011, was sentenced to three years and six months in the first instance for abusing his power.

The 69-year-old Zhang Jingqiang served as the executive chairman of the China Association of Small and Medium Enterprises, a non-profit social group voluntarily formed by a large number of small and medium-sized enterprises, large enterprises supporting the development of small and medium-sized enterprises, and well-known experts and scholars.

  The Paper noted that the news that Zhang Jingqiang was investigated has not been officially announced recently.

In early July this year, he also appeared publicly as the executive chairman of the China Association of Small and Medium Enterprises.

  According to the above verdict information, Zhang Jingqiang lives in Xicheng District, Beijing. He was criminally detained on September 3, 2020 on suspicion of abuse of power and arrested on September 15 of the same year.

This case was transferred by the Central Commission for Discipline Inspection and the National Audit Office.

On July 3, the staff of the Liaoning Provincial Supervision Commission called Zhang Jingqiang to go to the Provincial Commission for Discipline Inspection and Supervision to be investigated. On July 7, Zhang Jingqiang came to the case for questioning and truthfully confessed his suspected abuse of power.

  The Intermediate People’s Court of Dandong City, Liaoning Province, after trial, found that Zhang Jingqiang abused his power during his tenure as deputy secretary of the Tieling Municipal Party Committee and mayor of Tieling Municipal People’s Government, illegally transferring 2,706 acres of state-owned construction land use rights and returning RMB 12 million of cultivated land. Occupation tax caused a total loss of RMB 1,074,368,200 in state-owned assets.

  The Paper noted that the relevant criminal facts mainly involved the introduction of the “China Tieling Outlets Modern Service Industry Zone” project. After Tieling City implemented zero land price for the project, the project party failed to carry out development and construction according to the agreement. Later, in 2011, the project land was sold to Hong Kong Xinchang Construction Group, with a profit of HK$1,828 million.

  Zhang Jingqiang confessed, “As the mayor of Tieling City Government, I am the decision maker in the Ole project. I agree with the issue of zero land price for Ole Company and return of farmland occupation tax, and specific arrangements have been made for Mr. Guo. Others signed the project agreement and implemented the project. This violated relevant regulations and caused huge losses of state-owned assets. I should bear the corresponding responsibility."

  Investment promotion breaks through the legal red line

  The Intermediate People's Court of Dandong City found out after trial that Zhang Jingqiang abused his power in introducing the “China Tieling Outlet Modern Service Industrial Zone” project, illegally and freely transferred 2,706 mu of state-owned construction land use rights, causing a loss of state-owned assets of RMB 1062368200.

  In July 2010, the People’s Government of Tieling City decided to introduce the “Modern Service Industry of China Tieling Outlets” after on-site inspection, negotiation with Outlet (China) Co., Ltd. (hereinafter referred to as “Outlet Company”), and collective research. District" project (hereinafter referred to as "Ole Project").

  To this end, the Tieling Municipal People’s Government established the Ole Project Leading Group. The then Mayor and Defendant Zhang Jingqiang of Tieling served as the team leader, and the then Deputy Mayor Guo of Tieling (has been judged) served as the deputy team leader. Guo was responsible for the project. implement.

On August 30 of the same year, the defendant Zhang Jingqiang organized a mayor’s office meeting to study the introduction of Ole projects and related preferential policies.

The meeting decided to illegally transfer the right to use state-owned construction land to Outlet Corporation for free, and give preferential policies for tax reduction and exemption.

  In September of the same year, the People’s Government of Tieling City and Outlet Corporation signed the "China Liaoning Tieling Outlet Modern Service Industrial Zone Project Cooperation Agreement" (hereinafter referred to as the "Cooperation Agreement") and the "China Liaoning Tieling Outlet Modern Service Industry Zone Project Cooperation Supplementary Agreement (hereinafter referred to as the “Supplementary Agreement”), “China Liaoning Tieling Outlets Modern Service Industry Zone Project Cooperation Supplementary Agreement II”, which stipulates that all project land for Tieling Municipal People’s Government is listed for sale The comprehensive unit price is not more than RMB 105,000 per mu; the People’s Government of Tieling City shall provide Outlet Company or its designated company with funds equivalent to all the project land transfer fees paid by Outlet Company or the project company established for the development project , Used for the construction cost of the infrastructure supporting facilities within the red line of the project land, and the land leveling project, project commercial promotion and publicity costs, or the government special support fund to fund the project, that is, the free transfer of state-owned construction land use rights; Austrian Within 7 days of every land transfer fee paid by Lai Company, the Tieling Municipal Government shall allocate a municipal supporting facility construction cost equal to the above-mentioned transfer fee to Outlet Company or its designated company.

  On October 11 and December 16, 2010, Tieling City Land and Resources Bureau and Tieling City Land Reserve Center violated relevant laws and regulations on land transfer, expropriated land without the approval of the Liaoning Provincial Government, failed to evaluate the land value of the The 2,706 acres of land for the project was listed for sale at a starting price of RMB 233.8 per square meter, and the land price evaluation report and collective decision-making opinion were supplemented after the listing.

  After Outlet’s delisting of the first batch of 930 acres of land, in order to solve the problem of Outlet’s own delisting funds, in November 2010, the defendant Zhang Jingqiang presided over the mayor’s office meeting, and decided to use financial funds to advance Ole’s company. A total of RMB 422.19 million of city and county financial funds was used for the land transfer fee, which was allocated to Outlet in the name of false infrastructure construction expenditures for the company to pay the land transfer fee.

The bidding deposit paid by Ole Company with its own funds of RMB 31.5 million was refunded by the People's Government of Tieling City in the name of false infrastructure construction expenditure afterwards.

  After obtaining the land for the project, Outlet did not proceed with development and construction according to the agreement.

In July 2011, Outlet Company sold 2,706 acres of Tieling Outlet project land to Hong Kong Xinchang Construction Group in the form of a transfer of shares of overseas companies, earning a profit of HK$1.828 billion.

The Ole project was also changed from Hong Kong Xinchang Construction Group to the Xingyue South Bank Project.

According to the appraisal, the right to use 2,706 mu of state-owned construction land was transferred free of charge, resulting in a loss of 1062368200 yuan in state financial funds.

  In this regard, the witness Guo’s testimony stated that in accordance with Zhang Jingqiang’s opinion that financial funds should be used to advance the land transfer fee for Ole Company in the relevant meeting, in the subsequent land transfer payment process, Tieling City and Tieling County were embezzled many times. The two-tier financial fund of more than 360 million yuan was first allocated to Outlet Corporation through the Outlet Office in the name of false infrastructure construction expenditures, etc., for the payment of land transfer fees, that is, "first return and then pay."

The land transfer fee paid by Outlet Company with its own funds was only about 20 million yuan, and these funds were also returned to Outlet Company in equal amounts in the name of false infrastructure fees through Outlet Office accounts.

The Ole project cooperation agreement and supplementary agreement signed by the Tieling City Government and Ole side do not comply with relevant regulations on land transfer and land transfer fee management. According to relevant national and provincial policies and regulations, it is expressly prohibited to implement zero land price for investment promotion. Ground.

  Witness Zhou 1 (the deputy mayor of Tieling at the time) testified, “At the beginning, the municipal government decided to give Outlander a preferential policy of zero land price and tax reduction and exemption. The relevant personnel involved in the decision, including me, knew that this was a violation of land transfer. Taxation regulations. It’s just that Tieling’s urban development was very backward and the mood for attracting investment was very urgent. We all were very optimistic about the Outlet project, so we broke through the red line of laws, regulations and policies and gave Outlet The policies that the company shouldn't give, thinking about it now is a lesson."

  In July, received notification from the Liaoning Provincial Supervision Commission to accept investigation

  The verdict showed that another criminal fact was that Zhang Jingqiang abused his power and illegally returned the farmland occupation tax, causing a loss of RMB 12 million in state-owned assets.

  In September 2010, the defendant Zhang Jingqiang violated the relevant provisions of the farmland occupation tax and agreed to stipulate in the project cooperation agreement and supplementary agreement signed by the Tieling City Government and the Outlet Company when the Outlet Project did not comply with the reduction or exemption of the farmland occupation tax: The commercial part enjoys a preferential policy of 50% reduction or exemption of cultivated land occupation tax and land deed tax for local income.

On November 16 and November 17, 2011, the project companies designated by Outlet Company, Liaoning Tongji Real Estate Co., Ltd. and Liaoning Huisheng Real Estate Co., Ltd. paid more than 26 million yuan in cultivated land occupation tax to Tieling County Local Taxation Bureau.

After that, the Fiscal and Taxation Bureau of the New District of Tieling City, in accordance with the agreement of the project cooperation agreement, returned the farmland occupation tax of RMB 12 million to Outlet in the name of infrastructure construction fees, resulting in a loss of national financial funds of RMB 12 million.

  On July 7, 2020, the defendant Zhang Jingqiang voluntarily went to Liaoning Province to be investigated by telephone notice from the case handler of the Liaoning Provincial Supervision Commission, and truthfully confessed the criminal facts of his abuse of power.

  "In 2010, Outlet Company was preparing to start a project in Northeast China. In the early stage, our deputy mayor Zhou 1 and others also contacted Outlet Company. After reporting to me, I felt that the project was quite good. Yes, the municipal government has also organized many inspections and studies. After many consultations and inspections between the two parties, the relevant project content was determined. In order to introduce the project, the Tieling municipal government decided to provide for the Outlet project at all costs The biggest preferential policy of zero land price and tax reduction and exemption, the two sides signed a cooperation agreement in September 2010. On August 30, 2010, I held a mayor’s office meeting to study the preferential policies of the Ole project. The meeting was organized by I presided over the meeting. Vice Mayor Zhou1, Guo Mou, Finance Bureau Director Sun1, Land and Resources Bureau Director Zhao1, Foreign Economic Affairs Bureau Director Dong and others. During the research process, all participants I expressed support and recognition of the project and believed that the greatest effort should be taken to keep the project in Tieling. Finally, I said that this project should be done with the greatest effort. The project’s landing in the subway can promote the development of surrounding industries, solve a lot of employment, and also stimulate Tieling. Taxation. Preferential policies can provide land at zero land price, and tax and fee are exempt during the construction period." Zhang Jingqiang confessed.

  Zhang Jingqiang also confessed, “According to the relevant regulations of the farmland occupation tax, they are not eligible for tax rebate or tax reduction. At that time, I did not consider these matters, just to be able to retain this project, so I agreed to grant Ole As the mayor of Tieling City Government, I am the decision maker in the Ole project. Among them, I agree with the issue of zero land price for Ole Company and return of farmland occupation tax, and I have made specific arrangements for Mr. Guo. Others signed the project agreement and implemented the project. This violated relevant regulations and caused huge losses of state-owned assets. I should bear the corresponding responsibility."

  The Dandong Intermediate People's Court believes that the defendant Zhang Jingqiang, as a staff member of a state agency, abused his power. The circumstances were particularly serious. His behavior constituted a crime of abuse of power and should be punished.

Defendant Zhang Jingqiang voluntarily surrendered after committing a crime. He confessed his crime truthfully and surrendered himself and was given a lighter punishment.

The public prosecution agency charged the defendant Zhang Jingqiang with the facts of the crime and the conviction of the crime. The application of the law was correct, and this court supported it.

Regarding the Defendant Zhang Jingqiang’s defender, the Ole project was a collective investigation, discussion and decision. When Ole’s change of the plan caused losses, Zhang Jingqiang had retired and the loss was not caused by Zhang Jingqiang’s defense opinions. After investigation, the defendant Zhang Jingqiang was the country with decision-making power. The staff of the agency who abused their powers and caused the loss of state-owned assets shall bear full legal responsibility for the losses caused. This court does not support the defender’s defense opinions in this section.

Regarding the defendant Zhang Jingqiang's defense opinion that Zhang Jingqiang surrendered himself, this court supports it after investigation.

  On September 28, the Dandong Intermediate People's Court made a judgment: Defendant Zhang Jingqiang was guilty of abusing power and sentenced to three years and six months in prison.

  The Paper Journalist Zhong Yuhao