"To offend hundreds of people, not to lose 1.4 billion" is a political account that cannot be understood.
With the approval of the Supreme People's Court, on the morning of January 29, Tianjin No. 2 Intermediate People's Court executed Lai Xiaomin in accordance with legal procedures.
Prior to this, on January 5, Tianjin No. 2 Intermediate People's Court sentenced Lai Xiaomin to death, deprived of political rights for life, and confiscated all personal property for bribery, corruption, and bigamy.
After Lai Xiaomin appealed, the Tianjin Higher People's Court ruled to reject the appeal, uphold the original judgment, and report to the Supreme People's Court for approval.
Corruption has no exemption from death. Anti-corruption and punishment must not be relentless.
The Lai Xiaomin case combines political and economic issues, financial chaos, and financial corruption. It is a major corruption case that abandons the bottom line of financial risks and uses scarce financial resources as a bargaining chip for personal gain.
In the face of the continued high-pressure anti-corruption situation, Lai Xiaomin took a chance. Not only did he fail to constrain or stop, he instead acted against the trend and intensified.
Lai Xiaomin’s violating the law is a vivid manifestation of continuing to strengthen the fear of corruption, demonstrating the Party Central Committee’s resolute attitude towards corruption and its determination to continuously promote the construction of party style and clean government and the fight against corruption.
Once again, it is clear that the Party Central Committee’s attitude towards strict governance of the party remains unchanged, its determination is not reduced, and its standards are not loose. Anyone who fails to converge or close its hands will be severely dealt with and paid a heavy price!
Lai Xiaomin was sentenced to death, which is a sentence of punishment as his crime, a model of anti-corruption according to law, and demonstrates the spirit of justice, rationality and objective rule of law.
"Keep the death penalty, strictly control and apply it with caution" is a basic criminal policy of our country.
In recent years, through several amendments to the Criminal Law, my country has further reduced the crime of applying the death penalty, but still retains the death penalty for corruption and bribery crimes, which fully reflects the attitude of severely punishing corruption and bribery crimes in accordance with the law.
The Criminal Law stipulates that if the amount of bribes is extremely large, and the interests of the country and the people suffer particularly heavy losses, the death penalty may be imposed.
The Supreme People’s Court and the Supreme People’s Procuratorate issued in 2016 the “Interpretation on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Corruption and Bribery”, which further clarified the circumstances in which the death penalty is applied to the immediate execution of criminal cases of corruption and bribery as “four specials”, that is, the amount of crime is special. It is huge, the crime is particularly serious, the social impact is particularly bad, and the losses are particularly heavy.
Looking at the case of Lai Xiaomin, first of all, the amount of bribes received is extremely large.
The amount of bribes received by Lai Xiaomin amounted to more than 1.788 billion yuan, making it the largest duty crime case since the founding of New China.
The second is that the crime is particularly serious.
Lai Xiaomin has a number of serious circumstances including soliciting bribes. The act of accepting bribes lasted as long as 10 years. He committed as many as 22 crimes of accepting bribes. There were three cases of bribery crimes amounting to 200 million yuan, 400 million yuan, and 600 million yuan.
Third, the social impact is particularly bad.
The vast majority of Lai Xiaomin's bribery behavior occurred after the 18th National Congress of the Communist Party of China, which is typical of non-convergence and refusal, which has caused a particularly bad social impact throughout the country.
Fourth, the country and the people have suffered particularly heavy losses.
Lai Xiaomin is seeking personal gain and acting without authority, causing serious damage to the operation and management order of state-owned financial enterprises, causing major economic losses and financial risks, severely corrupting the social atmosphere, and seriously polluting the political ecology.
The court sentenced Lai Xiaomin to death for taking bribes, which he called "punished as a crime."
The court found that Lai Xiaomin had significant meritorious service.
Article 68 of my country's Criminal Law stipulates that criminals who have performed meritorious service can be given a lighter or mitigated punishment; those who have performed significant meritorious service can be given a reduced or exempted punishment.
It should be noted that the relevant laws stipulate "may" rather than "should". Whether Lai Xiaomin is to be punished leniently should consider the facts of the crime, the nature of the crime, the circumstances of the crime, the consequences of the crime, the social impact and subjective malignancy.
Article 8 of the Supreme People's Court's "Opinions on Handling Specific Issues of Volunteering and Meritorious Merit" stipulates that although there are merits, but the circumstances of the crime are particularly bad, the consequences of the crime are particularly serious, and the defendant is subjectively malignant, no leniency may be imposed.
As a result, although Lai Xiaomin has performed significant meritorious service, the fact, nature, circumstances, and the degree of harm to the society of the crime of bribery committed by him are not sufficient to lenient him.
In the history of New China, it is not uncommon for corrupt elements with extremely serious crimes to be sentenced to death.
Since the 18th National Congress of the Communist Party of China, many provincial and ministerial cadres who have been sentenced to death (including reprieve) for duty-related crimes have included Bai Enpei, Wu Changshun, Zhu Mingguo, Xing Yun, Zhao Zhengyong, etc.
Lai Xiaomin's violating the law is a typical case of advancing anti-corruption in the financial sector and preventing and dissolving major risks in accordance with the law.
In the investigation and handling of the Lai Xiaomin case, the discipline inspection and supervision organs, in accordance with the idea of "three nos", insisted on finding out the facts, recovering damages, preventing and controlling risks, remedying loopholes, and reshaping the ecology. The organic unity of effect, discipline effect and social effect.
At present, the case-handling agencies have seized more than 1.7 billion yuan in stolen goods, and most of the stolen money has been seized.
After the judgment becomes effective, the court will deal with the property involved in the case in accordance with relevant laws and regulations, turn it over to the state treasury or return it to relevant units.
The shortfall will continue to be recovered.
The Lai Xiaomin case once again proves that despite the historic achievements in building a clean government and fighting corruption, the situation is still grim and complicated.
The Fifth Plenary Session of the 19th Central Commission for Discipline Inspection emphasized that it is necessary to continue to consolidate the main responsibilities of financial management departments, regulatory agencies, local party committees and governments, do a good job in the coordination of financial anti-corruption and financial risk handling, and strengthen financial supervision and internal governance.
The Fifth Plenary Communiqué proposed to deepen anti-corruption work in the financial sector.
To implement the spirit of the plenary session, the discipline inspection and supervision organs must, while punishing financial corruption, promote financial supervision departments, state-owned financial institutions, etc. to learn from the case and learn from one another, use strong supervision to promote supervision, strengthen governance, and resolutely curb corruption in the financial sector. , Firmly hold the bottom line of preventing systemic financial risks, and help financial reform and development to create a new situation.
(Our reporter Duan Xiangyu)