"After Liu Chuansheng voluntarily surrendered, he was able to truthfully explain his own problems, and voluntarily handed in all his disciplinary and illegal income. In accordance with the principle of punishing the former and avoiding the latter, and treating the disease to save the life, he could be given a lighter treatment." At the end of 2021, Liu Chuansheng, who voluntarily surrendered, was expelled from the party. Sixth grade staff adjust their retirement benefits.
Since the 19th National Congress of the Communist Party of China, under the shock of punishing corruption and inspired by the party's policies, 42,000 people have taken the initiative to seek party organizations and disciplinary inspection and supervision agencies to surrender.
But there are still some people who say they believe in, rely on, and cooperate with the organization on the surface, but secretly play with the organization, go around in circles, ambush, and detain.
What are the manifestations of confronting censorship and investigation in the name of voluntary surrender?
How to identify the authenticity of people and behaviors that try to escape disciplinary sanctions?
Well-planned "active surrender" cannot escape severe punishment by party discipline and state law
"The most painful thing in my life is the 'three major regrets'. The first regret is that I did not surrender completely..." This is the content of the confession of Qiang Xiaoan, the former deputy mayor of Xi'an City, Shaanxi Province.
According to reports, Xi'an International Port Area was formally established in 2008, and Qiang Xiaoan has successively served as the executive deputy director, director and deputy secretary of the Party Working Committee of the International Port Area Management Committee.
He regarded the port area as his "private territory", helped private business owner Wang to get the project funds for the new construction of the new city in Xi'an International Port Area in time, and coordinated the acquisition of Building A, Book Building, Northwest Publications Logistics Base, which was developed by Wang. office building.
After Wang obtained huge profits, he gave Qiang Xiaoan more than 30 million yuan.
In August 2018, when the special rectification of illegal villas in Xi'an at the northern foot of the Qinling Mountains, which attracted much attention, was carried out in a thunderous trend, Qiang Xiaoan, who had worked in Chang'an District for many years, was alert.
He was worried that the issue of violation of discipline and law would be exposed, and he specifically instructed his son to falsely return the more than 30 million yuan of illicit money he received from Wang.
Not only that, driven by fluke and conceit, in December 2019, Qiang Xiaoan instructed his son to forge the stock account management agreement, and unified the 800,000 yuan of stolen money he received as a stock dividend.
Qiang Xiaoan also transferred the villa he bought with his money to someone else's name, who would hold it on his behalf.
As the Party Central Committee's anti-corruption efforts have grown stronger in recent years, and they dare not be corrupt, can't be corrupt, don't want to be corrupt, Qiang Xiao'an, who "engages in political attachment" and "is suspected of taking bribes," is in a panic and thinks of a "smart plan". - "Active" surrender.
Before surrendering, Qiang Xiaoan colluded with a number of persons involved in the case, forged stock account management agreements, transferred and concealed stolen money and property, formed an offensive and defensive alliance, and covered up the facts of his crimes.
After surrendering, Qiang Xiaoan thought that his deployment was well-planned, thinking that as long as he refused to admit it, he could "unwittingly" pass the test. The facts of the crime are hidden.
"The voluntary surrender must be based on true wishes, reflect on the sincerity of repentance, and cannot use voluntary surrender to have other intentions. Avoid the serious and light, and avoid the real and make false." Xu Xuejun, director of the Fifth Examination and Investigation Office of the Municipal Commission for Discipline Inspection and Municipal Supervision of Jiaxing City, Zhejiang Province believes that if there is only Explaining some facts of violations of disciplines and laws, only explaining minor issues to cover up major problems, and explaining violations of disciplines to cover up criminal problems, not only does not bring convenience to the review and investigation work, but even hinders the development of the review and investigation work, and should not be dealt with leniently.
During the review and investigation, the disciplinary inspection and supervision organs insisted on punishing the past and avoiding the future, treating the disease and saving the person, and really put the ideological and political work throughout the whole process, taking measures according to the circumstances of the case, implementing policies according to the person, and using the heart and heart, so that the subjects of the review and investigation believed in the organization and sincerely repented, so that the process of the review and investigation became a The process of transforming people.
In the face of precise law enforcement, Qiang Xiaoan's illusion was shattered.
"With the help of my comrades, I took the initiative to cooperate and truthfully explained my violation of laws and disciplines. The shackles around my neck were opened one by one, and I also got rid of anxiety and nightmares and gained inner peace." Confessed to the organization The latter Qiang Xiaoan finally put down the big stone in his heart.
After investigation, Qiang Xiaoan seriously violated the party's political discipline, the spirit of the eight central regulations, organizational discipline, and integrity discipline, and was suspected of taking bribes.
On January 8, 2021, Qiang Xiaoan was "double-opened", and his suspected crimes were transferred to the procuratorate for review and prosecution.
Throwing stones to ask for directions, avoiding the important and ignoring the important ones, using the small and the big, and duplicating confessions are the main means of resisting the organization's censorship and investigation.
The handling of voluntary surrender cases involves the connection between discipline and law, and the connection between law and law, and has received a high degree of social concern.
The reporter found that the case of Qiang Xiao'an was not an isolated case. In the name of "active surrender", the "confrontation organization's review and investigation" was carried out.
Throwing stones to ask for directions—it is said to take the initiative to surrender, in fact, to find out the truth, to find out whether the investigators have the clues to the problem, or how deep they have grasped the clues to the problem.
On February 2, 2021, the Commission for Discipline Inspection and Supervision of Zhongyuan District, Zhengzhou City, Henan Province held a special meeting to promote reform with a case at the District Market Supervision and Administration Bureau, requiring relevant personnel to take the initiative to explain the problem to the Commission for Discipline Inspection and Supervision within five days, which can be dealt with lightly.
Previously, the District Commission for Discipline Inspection and Supervision had already grasped a lot of clues when investigating the bribery case of Sun Shiheng, a staff member of the Administrative Examination and Approval Section of the Central Plains District Culture and Tourism Bureau.
"At that time, I had the mentality of breaking through the barrier, thinking that I could talk less and say a little, and test the bottom line of the organization." On the morning of February 4, Chang Ruixue, a staff member of the Administrative Examination and Approval Section of the Market Supervision Administration, took the initiative to come to the Central Plains District Commission for Discipline Inspection and Supervision. Explain the problem.
When talking with the organization, Chang Ruixue thought that what she received was cash, and it took a long time and it was difficult to collect evidence. Therefore, she only mentioned that she received 500 yuan in favors after receiving nearly 30,000 yuan in favors.
She also wrote categorically in her confession materials: "Besides the 500 yuan, I have no illicit financial dealings with anyone else. If there is, I am willing to accept any treatment from the organization."
Avoid the important and ignore the light - when explaining the problem, only explain the part that is known to the organization or involved in the relevant case or person, and avoid talking about other important violations of discipline and law.
"I just want to recognize the housing management bureau's accounts as soon as possible, and refund the money, the investigation on me will be over, and other problems will not be found out." Early last year, Chongqing Jiulongpo District Housing and Urban-Rural Development Committee During the financial inspection, it was found that more than 10 work funds transferred by the former district housing management bureau to subordinate units were abnormal, involving an amount of 1.8 million yuan.
All the problematic accounts were written by Li Fang, an accountant at the District Housing Administration Bureau at the time.
Li Fang, who received the wind, decided to take the initiative and "stifle the investigation in the cradle."
However, Li Fang's "little cleverness" was quickly seen by the investigators, and his "accounting" of inconsistencies and evasiveness was full of loopholes.
In January 2021, the Jiulongpo District Commission for Discipline Inspection and Supervision opened a case for investigation and investigation of Li Fang's alleged serious violation of discipline and law, and took lien measures against him.
What is the obvious difference between the two scenarios of throwing stones to ask for directions and avoiding the important ones?
Ma Suhua, Member of the Standing Committee of the Central Plains District Committee of Zhengzhou City, Henan Province, Secretary of the Disciplinary Committee and Acting Director of the Supervisory Committee, explained to reporters, "The cadres who throw stones to ask for directions generally say ambiguous questions, and there are variables of 'yes' and 'no'. For example, when Chang Ruixue came to surrender, it was Because I saw a colleague coming to surrender, I was afraid that I would be singled out if I didn’t surrender, but I didn’t know the degree to which the Disciplinary Committee had grasped the problem. So I threw ambiguous questions to test the degree to which we grasped the clues of the problem and the attitude of handling the case. The cadres who explained the minor issues are generally true and very clear and detailed, but they are reluctant to talk about other key issues. This is a test of the wisdom of handling the case, and sometimes it is like 'squeezing toothpaste', squeezing it out bit by bit."
Be small and broad - during the conversation, have a correct attitude, and make clear the small problems of your own, but keep silent or divert the line of investigation on issues involving important issues or important core figures, trying to "abandon your soldiers to protect yourself The “car” approach is small and broad, and this phenomenon mainly exists in cases where interest groups have already been formed.
"Director Xiang asked me to return the money at the time, but I didn't return it due to personal reasons." Li, the former director of the Health Bureau of Yongshun County, Hunan Province, brought 200,000 yuan and a false statement to Wenwei's driver. When he went to the County Commission for Discipline Inspection and Supervision, in addition to admitting that the bribes were privately owned by him, he also emphasized that Xiang Wenwei had no knowledge of the fact that he did not repay the money.
And all of this is Xiang Wenwei's "please". In order to retreat, Xiang Wenwei made a special promise when he persuaded Li to be his top bag. If Li was imprisoned, he would find a way to reduce his sentence and take charge of Li at the same time. All living expenses at home.
Collusion after voluntarily surrendering—mainly refers to the inconsistency between the statement at the initial stage and the statement after the voluntary surrender, under the guise of voluntarily surrendering, the actual purpose is to "confuse the public with the verbal evidence after the collusion or forged physical evidence, etc." The main purpose is to cover up the facts of violation of discipline and law.
"Such a voluntary surrender not only fails to bring convenience to the review and investigation work, but even hinders the development of the review and investigation work, and should not be handled leniently." Xu Xuejun said.
"In practice, to accurately enforce discipline and law enforcement to identify voluntary surrenders, it is necessary to deeply understand the connotation and extension of voluntary surrenders, standardize acceptance procedures, accurately grasp applicable conditions, and effectively identify false surrenders such as surrendering but not confessing, first confessing and then turning over, and small cover up for false surrenders. The situation." Ling Jian, director of the sixth review and investigation office of the Gaoyou Disciplinary and Supervision Commission of Jiangsu Province, believes.
"Fear" and "lucky" are intertwined, which is an important reason why some problem cadres are reluctant to honestly explain the problem to the organization
"I know that after these two people were detained, there are also several town leaders in the district who are in the investigation and verification stage. I have improper economic transactions with them, and I am very afraid. Explain this issue to the organization, and the others can hide if they can." From April to June 2020, Jiang Moumou, former vice chairman of the CPPCC Jiangdu District, Yangzhou City, Jiangsu Province, and Su Moumou, the former deputy head of the district, were successively detained.
Under the intertwining of fear and luck, Wei Zhenglong, the former mayor of Fairy Town in Jiangdu District, chose to "take the initiative to surrender" to the discipline inspection and supervision organs.
Like Wei Zhenglong, "fear" is the biggest reason why many troubled cadres take the initiative to surrender.
In 2020, a total of 16,000 people nationwide voluntarily surrendered to the discipline inspection and supervision organs, and 66,000 people took the initiative to explain their problems to the discipline inspection and supervision organs.
Behind these figures is a strong deterrent formed by the continuous high-pressure anti-corruption situation.
"Especially after the 19th National Congress of the Communist Party of China, one by one fell from the horse, which is also a shock. At that time, I couldn't eat or sleep well. I also took care of these things about myself, and felt that I couldn't run away." Ai Wenli's self-analysis in "National Supervision" reflects the mental journey of many troubled cadres who choose to surrender themselves.
Wei Changdong, executive director of the China Association for the Study of Integrity and Law, and director of the Center for Integrity and Law of the Shanghai Academy of Social Sciences, said that this voluntary surrender showed a "chilling effect."
"When autumn comes, the 'Cicada' feels the danger from the situation of others. Taking the initiative to surrender is a wise choice. Compared with falling from the horse, this choice can also have a certain degree of initiative."
"Fear" prompts problematic cadres to enter the door of the Disciplinary Inspection Commission, and "being lucky" is their psychological trump card to fight against organizational censorship with various tricks.
This fluke mentality includes both the infinite fantasy of the promise of “never speak out” to a specific relationship person, and the wrong estimation of the organization’s grasp and ability to investigate clues.
"Wei Zhenglong falsely surrendered himself to the real confrontation because he still had fantasies in his heart. He thought that he had a good relationship with the boss and helped the boss a lot. The boss didn't necessarily explain himself. If he didn't believe in the organization, he believed in 'the righteousness of the rivers and lakes'." Ling Jian Analysis Road.
"Thinking that the organization only grasps the skin of the problem", in fact, the fact that some problematic cadres are desperately covering up has already been grasped by the Commission for Discipline Inspection and Supervision.
In August 2019, Yin Hua, the deputy head of the Ping'an Water Conservancy and Soil Conservation Station in Yunyang County, Chongqing, took the initiative to explain the problems involved twice to the County Commission for Discipline Inspection and Supervision, but only explained a very small part of it that was already in the hands of the County Commission for Discipline Inspection. Facts of violations and crimes, such as 20,000 yuan for the sale of the bus, and 100,000 yuan for the deduction of emergency project funds.
However, according to the information obtained by the Disciplinary and Supervision Committee, Yin Hua's problems are far more than that - engaging in for-profit activities in violation of regulations, illegally making more than 310,000 yuan; embezzling 470,000 yuan together with others, and personally embezzling more than 810,000 yuan; taking bribes More than 60,000 yuan; deliberately destroyed accounting documents that should be kept, involving an amount of more than 2.6 million yuan.
To prevent "one vote" and "one recognition", the disciplinary inspection and supervision organs accurately screened and took the initiative to surrender, and inspired party members and cadres who made mistakes to return
It is the consistent policy of our Party to punish the former and avoid the latter, and to treat the sick and save the people.
Taking the initiative to surrender to the case and explain the problem earnestly, discipline and law, and reason and affection are positive actions for personal reform and welcome by the organization.
Article 17 of the Regulations on Party Disciplinary Sanctions stipulates that those who take the initiative to explain that they should be subject to party disciplinary sanctions may receive lighter or reduced sanctions.
Article 3 of the Supervision and Disciplinary Work Rules states that the policy should be grasped, leniency should be combined with strictness, and leniency should be given to voluntary surrender and voluntary explanation.
Article 31 of the Supervision Law stipulates that if the person under investigation suspected of a duty-related crime voluntarily surrenders and sincerely repents of his crime, the supervisory organ may propose a lenient punishment in accordance with the prescribed procedures.
In July 2019, the General Office of the Central Commission for Discipline Inspection issued the "Regulations on Disciplinary Inspection and Supervision Organs' Handling of Voluntary Surrender Issues (Trial)", which further standardized the identification and handling of voluntary surrender by discipline inspection and supervision organs during supervision, inspection, review and investigation.
In practice, the discipline inspection and supervision organs have carried out ideological and political work throughout, adhered to seeking truth from facts and combining leniency and strictness, and handled voluntary surrenders in a precise and standardized manner, preventing problematic cadres from "one-shot" and "one-recognition", and promoting the realization of political, disciplinary and social effects. organic unity.
Faced with Chang Ruixue, who insisted that he only received 500 yuan as a benefit fee, the case handlers of the Zhongyuan District Commission for Discipline Inspection and Supervision of Zhengzhou City conducted an in-depth analysis of his family situation, work experience and personality characteristics, and finally decided to start with the "emotional card".
Chang Ruixue's only child is studying hard to take the civil service exam after graduating from university. She is afraid that once she is dealt with by the organization, her son's future will be affected.
So even if she is frightened every day and can't sleep at night, Chang Ruixue has to bear it to the end for her child.
"According to the circumstances of your disciplinary violation, there is a high probability that you will be severely warned and punished by the party. The party discipline and government sanctions will not have much impact on your children's civil service exams, and you have to believe that the organization will love and save every member who is left behind." Under the patient persuasion of the investigators, Chang Ruixue finally let go of her guard and took the initiative to explain the problem.
Active and inactive, the results are very different - Li Moumou, former member of the Standing Committee of the Disciplinary Committee of a county-level city in Hengyang City, Hunan Province, the organization gave him many opportunities to take the initiative to explain the problem. Lien measures, transferred to judicial organs.
Tang Moumou, the former deputy secretary of the county-level city party committee involved in this case, voluntarily surrendered and explained the problem to the organization, and was finally given a "cliff-like" treatment in accordance with relevant regulations, and was demoted to a fourth-level chief staff member.
"For voluntary surrender, we strictly control procedures, facts, risks, and policies. Strictly standardize the procedures for voluntary surrender and identification, in-depth collection of relevant case information of surrender objects, carefully screen their confessions, and do in-depth ideological and political work. Prompt the object to surrender and commit thoroughly. Formulate a thorough work plan and safety plan, accurately apply the 'four forms' policy strategy, classify and deal with different priorities, maximize the release of political effects, and adhere to seeking truth from facts, and strictly prevent water injection. Liu Zeyou, member of the Standing Committee of the Hengyang Municipal Committee of Hunan Province, secretary of the Municipal Commission for Discipline Inspection and director of the Supervisory Committee, said.
In response to the problem that voluntary surrender is easy to occur in practice, the Yunyang County Commission for Discipline Inspection and Supervision of Chongqing City has formed an effective response plan: in the investigation and handling of cases, on the one hand, it attaches importance to objective facts, and does not limit thinking to the personal confessions of cadres. It is to discover more clues through a comprehensive preliminary examination, and at the same time encourage co-investigators to report and expose the purpose of evading the key points and resisting the censorship.
On the other hand, by cleverly using case-handling strategies, by carrying out in-depth and meticulous ideological and political work and policy presentations, we have changed interrogation into heart-to-heart talk and confrontation into interaction, so as to dispel the luck of the other party.
"Fei Xiaodong 'voluntarily surrendered' with cash after accepting the interview with the organization, but only admitted the crime of withholding and embezzling the 350,000 repayment, and he had reservations about other illegal acts, trying to test the situation that the investigators knew. He was expelled from the party in July 2021, and he was transferred to the procuratorate for examination and prosecution in accordance with the law on suspicion of occupational embezzlement..." A few days ago, the Commission for Discipline Inspection and Supervision of Changshu City, Jiangsu Province held a special meeting on warning education, and the general manager of Agricultural Production Materials Co., Ltd. The case analysis and publicized exposure of the Xiaodong case have shocked the majority of cadres, and actively guided more troubled cadres to abandon their luck, let go of their ideological burdens, and return to the correct path of trusting in the organization and taking the initiative to explain.
Central Commission for Discipline Inspection and State Supervision Commission website Shen Dongfang