Guests of this issue
Hu Weibing, Member of the Standing Committee of the Changsha Municipal Party Committee, Secretary of the Municipal Commission for Discipline Inspection and Acting Director of the Supervisory Committee, Hunan Province
Fang Wenjun, Member of the Standing Committee of the Lishui Municipal Party Committee, Secretary of the Municipal Commission for Discipline Inspection and Director of the Supervisory Committee
Peng Chong, Member of the Standing Committee of Chongqing Jiangbei District Committee, Secretary of the District Disciplinary Committee and Director of the Supervisory Committee
The unscrupulous "hunting" of party members and cadres by bribers is an important reason why the current increase in corruption still occurs.
The Fifth Plenary Session of the 19th Central Commission for Discipline Inspection requested to explore the implementation of a blacklist system for bribers, and severely investigate and punish multiple acts of bribery and huge amounts of bribery.
Discipline inspection and supervision agencies in various regions insist on conducting investigations on bribery and bribery, taking multiple measures and comprehensively implementing policies, and coordinated efforts with judicial agencies to seize the focus of punishment and crackdown, improve the accuracy and effectiveness of crackdowns, and continue to increase efforts to curb “hunting” and promote the realization of corruption. Treat both symptoms and root causes.
In practice, how to solve the problem of the imbalance between bribery and bribery?
What are the measures to accurately punish bribery?
We interviewed three heads of the Supervision Commission of the Local Commission for Discipline Inspection.
Deeply grasp the political hazards of bribery, do not ignore bribery due to investigation and acceptance, and do not cause the illusion of innocence of bribery due to cooperation in collecting evidence
Reporter: Over the past period of time, there have been phenomena such as "emphasis on acceptance of bribes and negligence of bribery" and "emphasis on investigation and neglect of disposal" in investigating and handling bribery cases. What are the reasons?
Hu Weibing: The frequent occurrence of the phenomenon of "encirclement hunting" is closely related to the once heavy bribery and light bribery to combat the imbalance.
The reason is the deviation of the concept of handling cases.
For example, one-sided view that the primary task of anti-corruption is to investigate corruption and corruption of party members and leading cadres, bribers are not the focus of investigation and punishment, and are usually treated as witnesses; there are factors that need to break through the case.
The crime of bribery is highly concealed, and given a certain degree of lenient treatment within the scope permitted by laws and policies, it is conducive to urging the briber to truthfully confess, and it has a certain effect on the difficult cases to break through; there are factors that affect the social environment.
The concept of human feelings is deeply rooted in the hearts of the people, and society is more tolerant of bribers than bribers.
Peng Chong: Bribery and bribery come together, bribery is not investigated, and bribery is not stopped.
The main reason for investigating bribery cases is that there is not a deep understanding of the political harm of bribery in political positions, which leads to insufficient investigation and punishment.
For example, some believe that investigating bribery is just a subsidiary of handling bribery, and there is no need to spend great efforts to investigate and deal with it; some people are suspected of long-term bribery, huge amount of bribery, multiple bribery of many people, and huge amount of illegal benefits.
In investigating cases, bribery forms are diverse and concealed, which increases the difficulty of investigation.
For example, some use legal means to cover up illegal purposes, and some no longer restrict the transfer of property benefits, but adopt more covert bribery methods such as service-type bribery, consumption-type bribery, and payment for overseas transactions.
In investigation and evidence collection, it is relatively difficult to fix evidence and form a complete chain of evidence.
For example, some verbal evidence is more difficult to maintain stability, and some are difficult to collect and fix evidence for "seeking improper benefits".
In the follow-up treatment, some situations such as the briber's personal factors, bribery circumstances, attitudes, etc., have greater discretion and arbitrariness, difficulty in handling, and insufficient punishment and deterrence.
Fang Wenjun: Bribery and bribery are like two "poisonous melons" formed on a vine. Only by insisting on taking bribes and bribery together can we better deepen the anti-corruption struggle and solidly promote the healthy development of the economy and society.
In reality, there are still not enough understanding and research on the harm of bribery, and failure to deeply understand the importance of investigating and dealing with bribery in advancing the "three noes".
In addition, illegitimate interest is a constituent element of the crime of bribery, and its connotation and extension have certain ambiguities. There are some differences and differences in how to punish bribery in various places, and the standards for investigation and punishment are different. In some places, there are even cases of abuse of "leniency punishment".
The above-mentioned problems indicate that we must insist on investigating bribery and bribery together, and we must not ignore bribery because of bribery investigation, and even create the illusion that bribery is not guilty because of the need for evidence collection.
Establish a game of punishing bribery behavior, focusing not only on comprehensive investigation and joint punishment, but also on the guidance of missions and education, comprehensive management, and continuously compressing the living space of bribery
Reporter: The bribery parties entered into an offensive and defensive alliance, colluded with each other, concealed and destroyed evidence, and transferred stolen money and goods, etc., which made it difficult to investigate and punish the bribery. What measures are there in this regard?
Fang Wenjun: We have adopted the method of simultaneous lien for bribe-acceptors and bribery personnel to mutually confirm the facts of violations of discipline and law, fix key evidence in time, form a chain of evidence, and improve the efficiency of handling lien cases.
In response to the problem that the number of investigations and punishments for bribery is significantly less than the number of investigations and punishments for accepting bribes, we have further established and improved the internal supervision and control mechanism for handling bribers, and clarified that the case handling department must accurately apply disciplinary laws and use policies to the bribers involved in the case and put forward handling opinions and transfer them Trial and file with the case supervision and management department at the same time.
At the stage of case handling, the trial department shall process both the act of bribery and the act of accepting bribes, strictly investigate and deal with them, and transfer them to the judicial organs in a timely manner.
In addition, we have explored the establishment of a database of bribery personnel, blacklisted the "hunting" of party members, leading cadres and individuals who have committed bribery, and implemented dynamic management and joint punishment.
Joint disciplinary action needs to further improve the coordination mechanism. In the next step, we will formulate cooperation and coordination measures with relevant departments, strengthen the research and application of existing legal systems, and establish information notification, clue transfer, investigation and punishment between discipline inspection and supervision agencies and relevant departments. Convergence mechanisms such as feedback, coordination and consultation, form a joint force for the investigation and handling of bribery.
Hu Weibing: We comprehensively consider the political, disciplinary, and social effects. Based on factors such as the briber’s motive, amount, frequency, and consequences, we focus on investigating and prosecuting bribery crimes with large amounts, multiple times, infringements on the interests of the masses, and strong social reflections, and continue to increase The use and execution of large property punishment, the recovery and recovery of illicit money.
Since the reform of the supervision system, we have filed 138 cases of bribery crimes and collected 442 million yuan of illegal funds.
Strengthen the integration of discipline and law, and the convergence of law and law, promptly transfer other criminal clues found in the investigation and punishment of bribers to the public security and other departments for joint investigation, and report the bribery to the competent functional units of the industry in which they are engaged, and urge them to restrict bidding and bidding Disciplinary measures such as activities.
At the same time, we work hard on the word "prevention". Based on our functions and responsibilities, we supervise and deepen the reform of decentralization, management and service, promote the operation of power under the sun, carry out special rectification in key areas such as engineering construction, and introduce a positive list and a negative list for political and business exchanges, and standardize supervision and law enforcement. Behavior, priority and strict handling of business environment reporting issues.
Punishment of "hunting" cannot be done alone. It is necessary to further strengthen cooperation and cooperation with relevant departments to form a joint force. Therefore, it is necessary to establish a unified networked bribery archives and bribery information inquiry system as soon as possible, improve the blacklist system, and improve the discipline inspection and supervision organs to the relevant units The notification mechanism, and the improvement of the legal system of qualification restrictions on bribers, etc.
Peng Chong: In terms of punishment, we focus on comprehensive investigations and joint punishments, adhere to the main tone of strictness, and resolutely transfer to prosecutors to review and prosecute those who should be seriously investigated for criminal responsibility; and have jurisdiction over the transfer of other crimes that are not under the jurisdiction of the Supervisory Commission. If they are party members or public officials, they shall be promptly transferred to their units or party organizations for handling; for violations of administrative laws and regulations, they shall be promptly transferred to market supervision and other departments to impose administrative penalties and qualification restrictions in accordance with the law.
In terms of prevention, we pay attention to the guidance of publicity and education, comprehensive management, and use the financial institution discipline inspection and supervision organization cooperation area, various industry associations and chambers of commerce and other organizations to hold "four cases" warning education on investigating and handling bribery.
Pay attention to case analysis, and carry out in-depth implementation of case-based reform of governance, reform of supervision, reform of systems, and reform of work style.
To punish bribers, the key is to build a work pattern that punishes bribery.
In the next step, we must continue to refine and improve relevant systems and mechanisms, strengthen the comprehensive management of bribery crimes, and use rigid systems to strengthen collaboration against "encirclement hunting", and to eliminate corruption from the source.
It is necessary to continue to expand the scope of cooperation units of the joint disciplinary mechanism, to achieve diversification of crime prevention and control subjects, and to reduce the space for power rent-seeking.
It is necessary to continue to improve the liaison mechanism of relevant units, eliminate differences in qualitative and disposition, and ensure complete evidence collection and accurate law application.
Persist in seeking truth from facts, make full use of policies and strategies, conduct discipline, law and reason, prudently and prudently handle the relationship between rigorous investigation of bribery and protection of rights and interests
Reporter: Strictly investigating the bribery and protecting the legitimate rights and interests of the persons and enterprises involved in the case are all political requirements and the bottom line of the rule of law.
How to implement the protection requirements while rigorously inspecting?
Hu Weibing: In practice, we must adhere to the principles of seeking truth from facts, combining leniency and strictness, thoroughly understanding discipline and law, and prudently and prudently handle the relationship between strict investigation of bribery and protection of rights and interests.
It is necessary to distinguish between the targets of the attack, and to resolutely attack and refuse to give up on key targets such as multiple bribes, huge bribes, and bribes to many people.
For example, when we investigated and dealt with the case of Liu, the chairman of a city-owned state-owned enterprise, we found that the briber Gao had bribed him dozens of times, with an amount of tens of millions.
There must be a distinction between measures to be taken.
If the facts are clear and the evidence is solid but stubbornly resist, and refuse to explain, resolutely take measures, refer them to justice, and severely punish them in accordance with the law.
A good attitude towards cooperating with investigations, confessing mistakes, repenting mistakes, and returning the stolen goods shall be treated leniently in accordance with the law. For example, when investigating the case of Peng, the deputy mayor of a certain district, the briber Yang took the initiative to admit his mistakes and repented, and actively turned in the illegal gains to find out the problem. The lien measures were lifted soon afterwards, and he was not transferred to the judicial organs, but was handed over to the relevant party organization to give him a punishment of staying in the party for 2 years.
Peng Chong: To properly handle the relationship between investigation and protection, we must first carry out investigations in strict accordance with the provisions of the Party Discipline and the State Law. According to the principle of statutory crimes and no suspected crimes, we must accurately distinguish between crimes and non-criminals of the people involved in the enterprise, as well as the crime and the other. Crimes, misdemeanors and felonies, principals and accomplices, those who should be punished are not easily let go, and those who should not be punished are not arbitrarily expanded.
Second, it is necessary to comprehensively consider the subjective malignancy, nature, field of occurrence, historical causes, and attitude to admit mistakes, etc., so as to achieve both leniency and strictness, prudent and safe, and precise handling.
Once again, we must pay attention to the standardization and fairness of the investigation work itself, strictly grasp the application of relevant measures, use measures that restrict personal and property rights in accordance with the law, and strictly prohibit the abuse of liens, searches, technical investigations, restrictions on exit, detention, and arrests. Exceeding the scope of seizures, seizures, and freezing of the property of the persons and enterprises involved in the case.
Fang Wenjun: In practice, we must be more standardized and prudent in the investigation and handling of bribery cases involving enterprises, insist on carrying out work in accordance with regulations, disciplines and laws, and strictly control policy boundaries to achieve precise application.
As far as possible, for the personnel involved in the enterprise that cooperates with the investigation work, supervision measures such as sealing up and seizing of property that have a greater impact on the normal production and operation activities of the enterprise shall not be adopted as far as possible.
If the person involved is the business leader and other core personnel of the enterprise, and can actively cooperate with the investigation work, we should consider not taking lien measures as much as possible; for those who really need to take lien measures, we can consider establishing contact and communication between the subject and the enterprise during the investigation. Channels, so that business operations are not greatly affected.
Take bribery and bribery investigation together as the focus of promoting the "three noes", strengthen political consciousness, and get rid of the stereotyped thinking and work inertia of "emphasizing bribery and ignoring bribery"
Reporter: In order to implement the requirements for bribery and bribery investigations, what aspects should be used for efforts?
Peng Chong: We must continue to form a high-pressure situation to punish bribery crimes, strengthen the political awareness of taking bribes and bribes together, increase the intensity of investigations, and cooperate with multiple entities to expand disciplinary measures, explore and improve confiscation, recovery, and compensation, correction of qualifications, honors, and market access violations. The specific institutional measures such as the list have been multi-pronged to continuously strengthen the deterrence of "dare".
It is necessary to continue to reduce the power rent-seeking space, focus on key areas and key links, and continuously improve the power allocation and operation restriction mechanism, so as to secure the "impossible" cage so that the bribers and the bribers have no way to start.
It is necessary to continuously strengthen education and guidance, regularly carry out warning education, supervise party members, cadres and public officials to manage their families and establish a good family tradition, supervise the competent departments to strengthen the publicity and education of the rule of law in enterprises, form awe of the law, and be able to understand and abide by the law. Build a dam of "don't want" thoughts.
Hu Weibing: First of all, we must make good use of criminal punishment, exposure, joint punishment, etc., to create an atmosphere of "dare to send" with strict investigation and punishment.
Secondly, it is necessary to strengthen information construction, strengthen real-name management, explore the implementation of early warning of abnormal changes in real estate, vehicles, assets, and large funds, and use data to build a fence of "cannot, do not need to send".
Once again, it is necessary to strengthen the construction of honest and clean private enterprises and the integrity system of the whole society, and enhance the consciousness of "don't want to give away" by planting an incorruptible culture.
Fang Wenjun: We must change the concept of law enforcement, resolutely get rid of the stereotyped thinking of "emphasizing bribery and neglecting bribery", change the past practice of exchanging confessions from bribers by setting policies and conditions, and truly unify thoughts and actions to the work of insisting on bribery and bribery investigation together Request to come up.
It is necessary to learn how to interpret the law, and the case-handling personnel should be good policy and legal propagandists and interpreters for bribers.
We must adhere to digital empowerment, give full play to the advantages of the digital age, break through data barriers, empower and increase efficiency for review investigations, and reduce reliance on confessions.
Our reporter Li Zhangguang