Explore the implementation of the blacklist system in various places
Make it hard for the briber
A few days ago, Xi'an City, Shaanxi Province announced the effectiveness of the special rectification of outstanding problems in project construction and mineral development by leading cadres who illegally intervened in construction and mineral development.
The city’s Commission for Discipline Inspection and Supervision has promoted the establishment of a database of bribers, and has included “hunting” leading cadres, companies and individuals with bribery behaviors on the “blacklist” and implemented dynamic management and joint punishment.
In the past, an important reason why some bribers were bold and reckless was that the cost of illegality was too low.
To prevent the phenomenon that only punishes the bribes but allows the bribers to go unpunished, the system must be restrained to keep the bribers out of the door.
The work report of the Fifth Plenary Session of the 19th Central Commission for Discipline Inspection pointed out that exploring the implementation of a "blacklist" system for bribers, and seriously investigating and punishing multiple acts of bribery and huge amounts of bribery.
Disciplinary inspection and supervision agencies in various regions insist on systematic treatment, both symptoms and root causes, to punish bribery behavior, reduce bribery space, eradicate "hunting" soil, and continue to amplify the comprehensive effect of bribery and bribery investigation together.
At the end of last year, Hunan Province publicly notified the second batch of "blacklists" of untrustworthy behaviors for the special rectification of outstanding problems in bidding for construction projects.
Among 13 companies and 149 individuals, 5 companies and 95 individuals were involved in bribery.
“The second batch of'blacklists' have increased significantly in number compared with the first batch, further increasing the exposure to bribery.” Luo Zhibin, secretary general of the Commission for Discipline Inspection of Hunan Province, introduced that the amount of bribes was huge, and many bribes were paid many times, but did not know how to stop , And market entities with relatively poor bribery methods are the key exposure targets of the "blacklist".
Luo Zhibin said that the relevant implementation measures of the joint punishment mechanism for untrustworthy conduct in public resource transactions in Hunan Province are being studied and formulated.
In addition to criminal and administrative punishments, companies and individuals included in the "blacklist" will also face a one-year multi-sectoral joint punishment, including being restricted from engaging in bidding activities, canceling the qualifications for financial subsidies, and strengthening tax monitoring and management , Increasing loan interest rates, etc.
Credibility is the foundation of a company's survival. The public exposure of bribery subjects into the "blacklist" and joint punishment will help build a social credit system, increase the cost of bribery, and make it difficult for bribers to do so.
In Shaanxi, various functional departments use the "blacklist" of bribers as an important basis for public resource transaction access and enterprise qualification review, and the provincial public resource transaction center provides the service of querying the "blacklist".
The provincial development and reform, finance, natural resources and other departments have established "blacklists" of illegal activities by industry and system to clarify prohibitions, procedures and time limits.
The role of the "blacklist" does not stop there.
Some local disciplinary inspection and supervision agencies also use the list to work with the procuratorate, courts and other departments to sort out the work of recovering stolen goods and recovering illegitimate interests, clarify the conditions, procedures, scope and responsibilities of the recovery, and use disciplinary inspection and supervision suggestions and other means to promote the recovery of briber Unjust enrichment, and deny them benefits in terms of political treatment and promotion.
In addition, since one briber often corresponds to multiple bribers, the "blacklist" is also conducive to follow-up investigations of bribery.
Once it is found that the case is related to a certain briber in the "blacklist", it can be further digging into the details.
The province-wide bribery information database constructed by Gansu Province contains more than 1,500 pieces of information on suspected bribery persons investigated and dealt with by the province's discipline inspection and supervision organs since 2018 and information on bribery persons from 2015 to 2017 managed by the original procuratorial organ.
"Through the information database of bribers, the discipline inspection and supervision agencies can more accurately and quickly grasp the situation of bribers, and provide convenience and basis for supervision and inspection, review and investigation, response to clean government opinions, and regional industry political ecology research and judgment." Said.
"The establishment of a'blacklist' of bribers is not only an important measure to punish bribers, but also an institutional guarantee to promote the investigation of bribery and bribery." Song Wei, director of the Center for Integrity Research of University of Science and Technology Beijing, said that it is necessary to promote the establishment of interconnected bribers. The "list" query platform will further reduce the space for corruption and crack down and punish bribers.
In addition to the asymmetry of data and information between departments, the existing "blacklist" disciplinary mechanism also faces other problems.
For example, some "engineering brokers" use the company's shell to participate in bidding and implement bribery as free persons. However, because they are neither the main body of the company nor the employees, it is difficult to restrict them and needs to be further improved.
To eradicate the "encirclement hunting" soil, one must not go alone, but must take a multi-pronged approach, and advance as a whole.
On the one hand, by strengthening the restriction and supervision of the operation of power, the bribers have no way to start, and the bribers dare not start.
On the other hand, it is necessary to deepen the reform of decentralization and service, improve the power list system, reduce administrative approval items, simplify approval procedures, make project approval, project bidding, and fund allocation open and transparent, and plug the loopholes in the bribery system.
In recent years, with the continuous improvement of the "list management" model in various regions, the administrative power has less and less intervention in enterprises.
Especially with the introduction of the government power list, the responsibility list and the negative list, the boundaries of government functions have been clarified and the boundaries of business operations have been delineated.
According to the analysis of the case, a number of disciplinary inspection and supervision cadres believe that “the more reasonable, clearer, and more open the list is, the space for the bribery to operate in the dark will be further compressed.” (Reporter Jiang Yongbin)