The "Opinions on Further Promoting the Investigation of Acceptance of Bribes and Bribery" clearly focuses on the investigation and punishment of five types of acts including multiple bribery
Accurately and effectively combat bribery
Cut off the "encircled hunting" and willing to be "encircled hunting" interest chain, break the network of power and money transactions.
Recently, the National Supervision Commission of the Central Commission for Discipline Inspection and the Organization Department of the Central Committee, the United Front Work Department, the Central Political and Legal Affairs Commission, the Supreme People’s Court, and the Supreme People’s Procuratorate jointly issued the "Opinions on Further Promoting the Joint Inspection of Bribery and Bribery", and made a joint investigation on the further advancement of bribery and bribery. deploy.
The "Opinions" clarified the five key points for investigating and punishing bribery, requiring discipline inspection and supervision organs, judicial organs, and procuratorial organs to severely punish bribery in accordance with their functions and responsibilities.
In most cases, bribery and bribery are two sides, two "poison melons" on the same vine.
Discipline inspection and supervision agencies have always attached importance to cracking down on bribery. Especially since the 19th National Congress of the Communist Party of China, as the anti-corruption work continues to advance, the reform of the national supervision system has been fully rolled out. The powerful deterrence of behavior.
What are the characteristics and harms of current bribery?
Why are some criminals keen to pay bribes?
How to take multiple measures to improve the accuracy and effectiveness of combating bribery?
The reporter interviewed discipline inspection and supervision cadres, experts and scholars.
The unscrupulous "hunting" of party members and cadres by bribers is an important reason why the current increase in corruption still occurs
Kunming Kaier Technology Co., Ltd., a small enterprise that started at 5,000 yuan, its main business is to provide information and intelligent technology services for major units.
In just a few years, Kaier's business has covered 16 prefectures and cities in Yunnan province, covering public security, procuratorate and other units of the province, with an annual sales volume of 200 million yuan.
In August of this year, the feature film "Kail Bribery" launched by the Yunnan Provincial Commission for Discipline Inspection and Supervision revealed the "secret" of the company’s rapid expansion: You do some projects.” The Kelly bribery case involved 105 public officials, including 9 provincial officials and 96 public officials at the department level or below.
A large number of cases show that bribery is almost "pervasive" in all areas of the operation of public power. In order to seek their own interests, bribers have tried their best to corrode and accurately "hunt" public officials.
The "Opinions" pointed out that it is necessary to clearly understand that bribers' unscrupulous "hunting" of party members and cadres is an important reason for the current increase in corruption, and deeply grasp the political harm of bribery.
From the perspective of the subject of bribery, the bribers are mainly private enterprise personnel and public officials, or seek profit or seek officials, and the phenomenon of bribery is common on many occasions.
Xu Tianfu, the actual controller of Xuanwei Wanchao Construction Engineering Co., Ltd. in Yunnan Province, sent a total of RMB 13.77 million to Li Yunzhong, former deputy secretary of the Qujing Municipal Party Committee, 14 times for contracting projects and settlement payments. Xu Tianfu was sentenced to bribery by a unit Four years in prison.
From the perspective of the amount of bribes, the amount has risen, especially in the fields of engineering construction, financial credit, and resource development.
Ado, the former deputy secretary of the party committee and director of Sichuan Coal Group, unscrupulously used his power to provide assistance to the so-called "brothers" in the adjustment of gold mines and the prospecting of gold mines, turning bribery into "communication of courtesy" and received more than 14.54 million yuan. More than half of the bribes came from three so-called "brothers."
From the perspective of bribery methods, the active "hunting" feature of bribers is obvious, and bribery methods are becoming increasingly hidden and complex.
Some tailor-made "baits" have premeditated "encirclement hunting", some "long-term fishing for big fish" long-term "encirclement hunting", some use seemingly legal business operations to conceal the essence of bribery, and some seek profits within the country and send money abroad. , Or to pay benefits to the "agents" designated by the leading cadres, and some of them play the "edge ball", which will "option" and "long-term" bribery.
For example, Tang, the actual controller of a company in Hainan, repeatedly paid bribes to Zhang Meiwen, the former deputy director of the Propaganda Department of the Hainan Provincial Party Committee, in order to grab illegal benefits and obtain convenience in project contracting.
In order to launder the money, Tang not only opened a stock account for Zhang Meiwen in the name of others, but also put the 4 million yuan in custody on his behalf and a total of 12 million yuan in other bribes into it for his investment.
From the perspective of the purpose of bribery, the briber not only seeks economic benefits, some also try to obtain political capital.
Some public officials deliberately pay bribes to buy officials, and some unscrupulous businessmen are canvassing votes for political identities.
For example, Hou Shengming, former member of the party committee and deputy general manager of Inner Mongolia Electric Power (Group) Co., Ltd., was notified of “accepting and giving property to others in the process of selecting and appointing cadres” and “suspected of bribery and bribery crimes”.
“The current struggle against corrosion and anti-corrosion is still severe and complex. Bribery is the main source of bribery crimes. Bribery is not investigated and bribery is not stopped.” Zhuang Deshui, deputy director of Peking University's Center for Integrity Construction Research, pointed out that increasing the punishment of bribery is conducive to containment. The motivation of bribers to reduce the probability of bribery crime is of great significance for further purifying the political ecology, optimizing the business environment, and achieving both symptoms and root causes of corruption.
Clarify the focus of investigating bribery, and improve the accuracy and effectiveness of combating bribery
This is the confession of Zhao, an individual businessman in Lanxi City, Zhejiang Province: "Before being detained, I always felt that the anti-corruption was aimed at leading cadres. It would not be a big problem for us businessmen. At most, I was called to verify the situation, and then just I let you out." "Now apart from regret, I still regret. I regret why I don’t learn more about the law. If I could realize the current anti-corruption situation earlier, I guess I would not do those stupid things, let alone. Send so much cash to Wu Lehua."
Wu Lehua is the former vice chairman of the Lanxi CPPCC.
According to Zhao's memory, he had no idea about the seriousness of bribery before. In order to do projects in the local area, he took the initiative to engage in a relationship with Wu Lehua to obtain the project.
According to clues related to the issue, the Lanxi Discipline Inspection Commission detained Zhao in September 2020.
After Zhao arrived in the case, he explained his relationship with Wu Lehua: In more than four years, Zhao paid 6.5 million yuan to Wu Lehua in bribes five times.
After Zhao explained the problem, Wu Lehua was quickly detained.
In August of this year, Zhao was sentenced to five years in prison for the crime of bribery and fined two hundred and fifty thousand yuan.
Zhao regretted it.
Repeated bribery and huge amount of bribery-such bribers often use bribery as the main means of seeking illegitimate benefits, and cause great damage to the political ecology, legal environment, business environment and market rules. If they are not investigated and dealt with seriously, they will Bribery will become the norm, forming the effect of bad money driving out good money, so it is listed as the focus of combat in practice.
The "Opinions" focused on improving the accuracy and effectiveness of cracking down on bribery, and clarified the key points of investigating bribery: first, multiple bribery, huge bribery, and bribery to many people, especially those who did not stop after the 18th National Congress of the Communist Party of China; The second is the bribery of party members and state functionaries; the third is the bribery in important national tasks, key projects, and major projects; the fourth is the organization of personnel, discipline, law enforcement, judicial, ecological and environmental protection, finance, safety production, food and medicine, and assistance. Those who paid bribes in the fields of disaster relief, old-age social security, education and medical care; fifthly, those who implemented major commercial bribery.
"For some time, the punishment of bribery is not strong enough, resulting in low cost, low risk, and high profit. This is the main reason why bribers fail to stop and the bribery is repeatedly prohibited." Deputy Dean and Professor, Central University of Finance and Economics School of Law For example, Yu Wenhao said that in judicial practice, the criminal prosecution rate for bribery crimes is low, and the punishment for bribers is relatively light.
"There are cases where the concept of handling cases emphasizes bribery rather than bribery, and the method of handling cases uses leniency to combat bribery, and the application of the'fine penalty' for bribery crimes is not scientifically standardized. Over time, the criminals have a misunderstanding that bribery is guilty. , The crime of bribery is light or even not subject to investigation."
Yu Wenhao believes that while continuing to maintain a high-pressure posture of combating corruption on the "bribery end", he proposed to precisely crack down on the five types of behaviors of the "bribery end". The effective way of the money transaction network also sends a signal to the whole society to further strengthen the serious punishment of bribery.
Multi-department based on their functions and responsibilities to carry out joint punishment of bribers, causing bribers to pay a heavy price
The imperfect coordination mechanism for punishing bribery is also one of the reasons for the low cost of bribery and the frequent occurrence of bribery.
Focusing on improving the overall effectiveness of bribery control, the "Opinions" emphasizes that all relevant agencies should perform their duties and responsibilities, strengthen cooperation and cooperation, and form a joint force for joint punishment of bribery.
Discipline inspection and supervision agencies timely notify relevant units of briber information, organize personnel departments, law enforcement agencies, etc. to do a good job in the organization and handling, administrative punishment and follow-up punishment of bribers in accordance with their powers.
On July 9, Hunan Province notified the third batch of “blacklists” of serious untrustworthy conduct. In the notified list of untrustworthy conduct in bribery, one company and nine individuals were named.
The notice stated that while criminal and administrative punishments were imposed on these illegal enterprises, individuals and bid evaluation experts in accordance with the law, they must also be strictly in accordance with relevant regulations to restrict them from engaging in bidding activities and cancel their qualifications for financial subsidies within the punishment period. , Strengthen tax monitoring and management, increase loan interest rates and other measures to implement joint punishments to increase their illegal costs.
The relevant person in charge of the Hunan Provincial Commission for Discipline Inspection said that they will urge the various regulatory agencies to increase the punishment of illegal and criminal acts such as bribery, and those who have a strong reaction to the people will be resolutely included in the list of serious untrustworthy behaviors and quickly implemented joint punishments, suspected of crimes, Transfer to judicial organs for processing in accordance with the law.
In accordance with the deployment of the Fifth Plenary Session of the 19th Central Commission for Discipline Inspection, local commissions for discipline inspection have actively and steadily explored the implementation of a "blacklist" system for bribers, and adopted multiple measures to strengthen punishment, making it difficult for the "hunting" to proceed.
Establish a database of bribers and implement dynamic ledger management.
When investigating bribery cases of leading cadres, the Gansu Provincial Commission for Discipline Inspection verified the amount, frequency, time period, method, and reason of the funds provided by the illegal businessmen and specific related parties with it, and comprehensively studied and judged the nature of the funds. If there are interests, the investigation shall be conducted in strict accordance with the law.
The Hainan Provincial Commission for Discipline Inspection coordinated the judicial and procuratorial organs at all levels in the province to collect more than 4,000 legal documents including judgments, indictments, protests, and termination reports on all bribery crimes in the province since 2008. Ten thousand person-times have greatly enriched the data information in the information database of bribers and acceptors, and provided basic guarantee for the establishment of a "blacklist" information query system for bribers.
Communicate briber information to relevant units to provide information support for the punishment of bribery.
Shenzhen City, Guangdong Province has made it clear that government projects implement a “one-vote veto” system for bribery. As long as there is a record of bribery, they cannot participate in government projects such as land transfer, engineering construction, government procurement, and financial support. Listed as an important basis for decision-making.
Beilun District, Ningbo City, Zhejiang Province has applied the "blacklist" of bribers to the fields of medicine, health and government procurement. Up to now, the "blacklist" system of bribers has provided more than 6,600 inquiry services, and has reviewed more than 25,000 bidders in total. All types of enterprises (individuals) involved in procurement or project bids amounted to more than 22 billion yuan, of which more than 30 units (individuals) were restricted from participating in bidding due to criminal records of bribery.
In view of the large number of partners and the risk of corruption in the supply chain, China FAW is exploring the establishment and improvement of a "blacklist" system for untrustworthy partners.
The company’s Commission for Discipline Inspection, together with auditing, legal affairs, procurement, marketing and other departments, jointly researched and formulated the "Integrity Contract". Through systematic analysis of past cases, it studied and determined bribery, gift gifts, reimbursement of expenses, and provision of banquets that affect the fair execution of official duties. Including 16 acts of dishonesty, rigging bids, providing false materials, and failing to perform contractual agreements without justification, and other 11 dishonest behaviors, and listed the above behaviors as untrustworthy, as the main clauses of the "Integrity Contract".
Regarding the uncorrupted and dishonest behaviors of the partners, the untrustworthy partners will be included in the "blacklist", and the untrustworthy partners will be given one, three or five years based on the facts, until the permanent business prohibition and punishment will result in the formation of violations and untrustworthy behaviors. Strong deterrence and increase the cost of violations.
It is necessary to severely punish bribery, and fully protect the legal personal and property rights of the persons involved and the enterprise, and ensure the legal operation of the enterprise
The private economy is an important part of my country's basic economic system.
Seriously investigating and punishing bribery is a powerful protection for the legitimate rights and interests of all types of enterprises.
The "Opinions" emphasized that in the course of performing their duties, the discipline inspection and supervision organs, the judicial organs, and the procuratorial organs must not only severely punish bribery, but also fully protect the legal personal and property rights of the persons involved and the enterprise, and guarantee the legal operation of the enterprise.
Strictly grasp the application of relevant measures, and use measures that restrict personal rights and property rights in accordance with the law. It is strictly forbidden to abuse such measures as lien, search, technical investigation, exit restriction, detention, and arrest. property.
It is necessary to fully study and judge the consequences of using case-handling measures, and minimize the impact of the measures on the legal and normal production and operation of the enterprise.
Wang Mou, the chairman of an overseas listed company, was arrested by the Huangshi City Supervisory Committee of Hubei Province as a result of the huge amount of bribery allegedly committed by the unit and repeated confessions.
Considering that Wang's company has many affairs that need to be handled in time, the task force asked him to authorize the transfer of company affairs to ensure the normal production and operation of the company; the bank must renew the loan due to the bank, and she is also allowed to go through the relevant procedures.
At the same time, the task force worked overtime to investigate and collect evidence, and when Wang Mou truthfully explained the problem and perfected the evidence, he was released in accordance with the law in a timely manner.
Wang said: "When I was detained at the beginning, my heart was uneasy. When cooperating with the investigation, the discipline inspection and supervision organs gave full consideration to the actual situation of our company and helped to open up a green channel without affecting the normal operation of the company."
According to Yang Jun, member of the Standing Committee of the Huangshi Municipal Party Committee, Secretary of the Municipal Commission for Discipline Inspection, and Director of the Supervisory Committee, in practice, the Huangshi Municipal Commission for Discipline Inspection conducts classified assessments according to the degree of involvement. Strictly use lien measures, and try not to take lien and restrictions on exiting the country for persons in charge of private enterprises, scientific research and technical personnel and key personnel; for enterprises under the guise of setting up enterprises, they actually act as "power brokers", engage in money rights transactions, introduce bribes, etc. Those involved in the case who have seriously endangered market fairness, have a bad attitude and refuse to cooperate, decisively take lien measures in accordance with the law.
"Enterprises, especially private enterprises, have a high degree of dependence on their operators. Once the operators are absent, they will easily lead to stagnation and difficulties. While severely punishing bribery, the lawful rights and interests of the persons involved in the case are protected from infringement, which is conducive to protecting the market. The vitality of the main body realizes the organic unity of political effects, disciplinary effects and social effects." Zhuang Deshui said.
Our reporter Xue Peng Han Yadong