"In 2021, the national discipline inspection and supervision organs will detain 5,006 bribery people, punish 4,806 people, and transfer 2,822 people to procuratorial organs." Recently, the full text of the work report of the sixth plenary session of the 19th Central Commission for Discipline Inspection was released, and the data on bribery people was released for the first time.
Adhering to the investigation of bribery and bribery together is an inevitable requirement for unswervingly deepening the anti-corruption struggle and promoting the integration of those who dare not, cannot, and do not want to corrupt.
The Sixth Plenary Session of the 19th Central Commission for Discipline Inspection deployed the work tasks in 2022, proposed to increase the crackdown on bribery, and explore the implementation of the "blacklist" system of bribers.
Bribery is not investigated, bribery is not limited.
Disciplinary inspection and supervision organs at all levels strive to improve the accuracy and effectiveness of cracking down on bribery, resolutely cut off the interest chain of "hunting" and those who are willing to be "hunted", break the network of power and money transactions, improve the overall efficiency of bribery governance, and promote corruption. Combined governance and systematic governance.
The bribery "hunting" party members and cadres by any means is an important reason for the current increase in corruption
"Duan Hanlin gave me beef when he saw that I liked beef, gave me a red envelope, and gave a shopping card to my lover..." Zhou Xinhui, the former secretary of the county party committee of Qiyang County, Hunan Province, and businessman Duan Hanlin have always been friends.
As early as before Zhou Xinhui became the secretary of the county party committee, Duan Hanlin took the initiative to show his affection to him, and the friendship deepened over time.
It is impossible to do nothing without profit, and every "intention" of the "hunter" has its "intention".
"I know that he has become the secretary of the county party committee. Then my 'spring' in the field of Qiyang engineering is coming." After investigation, Duan Hanlin took the help of Zhou Xinhui to undertake engineering projects in Qiyang, and made a profit of more than 20 million yuan.
More than a month after resigning as secretary of the Qiyang County Party Committee in Hunan Province, in June 2021, Zhou Xinhui was investigated for serious violations of discipline and law.
In December of the same year, Zhou Xinhui was "double-opened", and Duan Hanlin was arrested on suspicion of bribery.
The case is currently being further processed.
It should be fair to participate in market competition, but some bosses regard bribery as a means of "making quick money" and "taking shortcuts".
From the perspective of bribery, engineering construction, project approval, public resource trading and other fields with strong policy support, intensive capital, and concentrated resources are the "hardest-hit areas"; from the perspective of bribery targets, bribes usually target the identity of cadres. , and even carry out "team operation" in an organized and planned manner; from the perspective of bribery methods, some people use long-term bribery to catch big fish, manage long-term and stable relationships with long-term human relationships, and even "option-based" and "long-term" bribery.
Some bribers are not satisfied with seeking economic benefits, but also try to gain political capital, or frequently "run and buy gifts" for job promotion, or canvass votes for political status.
Although the current means of bribery have the characteristics of concealment, diversification and complexity, they still cannot conceal the essence of bribery power and power and money transactions.
The bribers are trying to "hunt" party members, cadres and public officials by unscrupulous means, in order to seek illegal benefits by improper means, and regard bribery as an investment that "makes a lot of money" and "makes sure money without losing money".
"Bribe-takers take advantage of their positions to 'repay' bribers, enrich themselves, harm the public, and infringe on the interests of the country and the people." said Zhu Meng, deputy director of the Case Supervision and Management Office of the Changshu Commission for Discipline Inspection, Jiangsu Province. The loss of state-owned assets and national resources will also damage the relationship between government and business and the business environment, and destroy the political ecology and social atmosphere.
Those who are in a crooked way are "prosperous", and those who operate in compliance are "hopeless to make money". "Once the market economy falls into the situation of 'bad money drives out good money', every enterprise and every market participant will ultimately suffer. "Yun Peng, dean and professor of the Law School of Yunnan University of Finance and Economics, pointed out that by bribing a certain leading cadre or a public official in a key position, an enterprise can ignore innovation, service, and even rules. Profits are bound to cause a bad demonstration effect.
Over time, it will disrupt the fair competition in the market and the healthy development of market players.
Adhere to the investigation of bribery and bribery together, dispel the fluke and speculative mentality of bribers, and make bribes pay a heavy price
"The number of bribery cases handled from January to November 2021 has increased significantly, an increase of 18.3% year-on-year in 2020." Recently, Shi Weizhong, director of the Third Procuratorate of the Supreme People's Procuratorate, introduced that from January to November 2021, procuratorial organs across the country will handle a total of A total of 2,717 cases of bribery, bribery to units, bribery of units, and bribery to influential people were involved.
Bribery and bribery are two "poisonous melons" on the same vine. Bribery induces bribery, and bribery stimulates bribery.
Some party members and leading cadres eventually fell into "prey". In addition to their own reasons such as their unsteady beliefs and will and inflated selfish desires, the "hunting" and corruption of bribers were also important incentives to fuel the flames.
Maintaining a high-pressure posture of severely punishing bribery and corruption on the one hand, and intensifying the crackdown on bribery behavior on the other hand, is the key to severing the interest chain of "hunting" and being willing to be "hunted", and breaking the network of power and money transactions.
"For some time, the phenomenon of 'taking bribes more than offering bribes' has existed to a certain extent. Punishment of bribery is not enough, resulting in low cost and low risk for bribers, but high returns. This is an important reason for repeated bribery prohibitions." Zhu Meng said.
Yu Wenhao, deputy dean and professor of the Law School of the Central University of Finance and Economics, pointed out that in judicial practice, there are problems that the criminal prosecution rate for bribery crimes is low, and the sentencing of bribers is relatively light.
"There are cases in which bribery is more important than bribery, and there are cases where leniency and bribery are used to combat bribery, and the application of 'fine punishment' for bribery crimes is not scientific enough. , the crime of bribery is minor or even not prosecuted.”
Adhere to the investigation of bribery and bribery together, the Party Central Committee has a clear-cut and resolute attitude.
In September 2021, the Central Commission for Discipline Inspection and the National Supervisory Committee jointly issued the "Opinions on Further Promoting the Investigation of Acceptance and Bribery" (hereinafter referred to as the "Opinions").
The "Opinions" promotes the realization of the root cause and root causes of corruption, and strives to improve the accuracy and effectiveness of cracking down on bribery. It clarifies five key points for investigating and punishing bribery: multiple bribery, huge bribery, and bribery to multiple people, especially those of the Party. After the 18th National Congress of the Communist Party of China, those who do not give up and do not give up; those who offer bribes by party members and state functionaries; those who offer bribes in important national work, key projects, and major projects; , food and drug, disaster relief, pension and social security, education and medical care and other fields; implementing major commercial bribery.
Under the background of the comprehensive and strict governance of the party, the state's punishment for bribery is becoming more and more clear.
Article 22 of the Supervision Law stipulates that for persons involved in the crime of offering bribes or the crime of joint duty, the supervisory organ may take lien measures in accordance with the provisions of the preceding paragraph.
The "Criminal Law Amendment (IX)" increases the punishment for the crime of offering bribes by adding fines and strict application conditions for lenient punishments.
Severely investigate and punish bribery in accordance with regulations, disciplines and laws, and make bribers pay a heavy price.
Comprehensively use various measures such as referral to justice, disciplinary action, conversation and letter inquiries to strengthen the handling of bribers, and confiscate, recover or order compensation for illegal gains obtained through bribery, effectively improving the accuracy and effectiveness of cracking down on bribery. effectiveness.
Put the bribers on the "blacklist" and give full play to the joint efforts to punish bribery
To dispel the fluke and speculative mentality of bribers, it cannot stop at "the matter of fact".
The diversity of bribery subjects and the field of corruption determines that the punishment of bribery must promote the joint participation of multiple subjects and carry out joint punishment, so that the briber can be bribery in one place and restricted everywhere.
In order to cover up the fact that the purchase and storage of coffee beans is seriously insufficient, and to obtain the payment for the cooperation in the purchase and sale of coffee beans with Zhongliangshan Company, a subsidiary of Chongqing Energy Investment Group, Feng Mou, the actual controller of Yunnan Xishuangbanna Gongyu Coffee Development Co., Ltd., paid 240 bribes to the supervisors of state-owned enterprises. million.
As designated by the Chongqing Municipal Commission for Discipline Inspection and Supervision, the Jiulongpo District Commission for Discipline Inspection and Supervision of Chongqing Municipality conducted a case review and investigation on the persons involved.
A few days ago, Feng was sentenced to 5 years in prison for bribery, and his illegal gains of more than 78 million yuan were all recovered.
The case has been settled, but the "second half of the article" of punishing bribers is still in progress.
The Jiulongpo District Commission for Discipline Inspection and Supervision of Chongqing City included him in the "blacklist" of bribers in the district, and as the leading unit, notified the district market supervision bureau, tax bureau, public resource trading center and other units as soon as possible. Controlled the information of market entities, held a joint meeting to discuss and study disciplinary matters against Feng, and finally determined four joint disciplinary measures, including “restricting Feng and its affiliates from participating in various government bidding activities in the district” during the disciplinary period.
"Since 2021, we have investigated and included 31 bribery bribers on the 'blacklist'. Except for 2 who have not yet received judicial trials, we have implemented or are studying disciplinary measures for the remaining 29, and more than 10 departments and units to participate in research and implementation.” said Yuan Huaquan, Secretary of the Disciplinary Committee and Director of the Supervisory Committee of Jiulongpo District, Chongqing.
The implementation of the "blacklist" system of bribers is an important means to promote the investigation of bribery and bribery.
Disciplinary inspection and supervision organs put the units and personnel involved in the case of bribery on a "blacklist", and notify the relevant departments of the party committee, administrative law enforcement agencies and other units. Qualification restrictions, etc., and make it public within a certain range in accordance with the law, so as to realize joint punishment of bribers.
The "blacklist" directly hits the "life gate" of the interests of bribers.
For bribers, compared with administrative fines, the consequences of bribery, such as cancellation of market participation, revocation of qualifications, downgrades, and closure of financing channels, are even more "unbearable."
"Bribery is often aimed at obtaining greater benefits. By making restrictive regulations on market access, business qualifications, loan conditions, and bidding qualifications for bribery units and bribers included in the 'blacklist', they are regularly exposed to the public. Greatly increase the cost and price of bribery, make it difficult for 'hunters' to take an inch, and make potential bribers 'dark away', and continue to release the shock and deterrence that they dare not, cannot, or do not want to bribe." The relevant person in charge of the Hunan Provincial Commission for Discipline Inspection and Supervision said.
The establishment of a "blacklist" system for bribers is also an important part of the "Opinions".
The Central Commission for Discipline Inspection and the State Supervision Commission is establishing a "blacklist" system for bribers, and is exploring and practicing joint disciplinary actions against bribers by the discipline inspection and supervision agencies, the National People's Congress, the CPPCC, the organization and personnel departments, the United Front Department, and law enforcement agencies to improve governance. The overall effect of bribery.
Punishment and deterrence, institutional constraints, and awareness-raising should be combined to improve the overall efficiency of bribery control
The "blacklist" of bribers is not only a database that can be used to query information on bribers in terms of party style and clean government opinions, project bidding review, etc., but also a powerful tool to promote corruption.
Making good use of the "blacklist" and making supporting punishments based on the "blacklist" are related to the effectiveness and deterrence of the system.
At present, the "blacklist" system of bribers is in the exploratory stage.
Disciplinary inspection and supervision organs in various places have accumulated experience in practice, not only severely punishing in accordance with laws and regulations, but also adhering to the combination of leniency and strictness, protecting the legitimate rights and interests of the persons involved and enterprises, and realizing the organic unity of political effect, disciplinary effect, and social effect.
Hunan Provincial Disciplinary Inspection and Supervision Organs continue to improve the "blacklist" system of bribers. In 2021, a total of 19 companies and 122 individuals will be included in the "blacklist" of dishonest or bribery people, and they will be exposed and jointly punished, which has created a strong deterrent effect.
In carrying out the special rectification work on the bidding and bidding of engineering construction projects in the whole province, Hunan will include companies and individuals with illegal and criminal acts such as bribery and bid collusion into the "blacklist" of dishonest behaviors in engineering construction project bidding, and cooperate with multiple departments to "blacklist" The untrustworthy entities listed on the website will be jointly punished and publicly exposed on the website of the Provincial Commission for Discipline Inspection, the Provincial Public Resource Trading Network and other platforms.
Punishment is for governance. How can the "blacklist" system of bribers be effective and become a powerful tool for combating bribery?
"We have taken a number of strong disciplinary measures, involving more than 20 items including 'lawfully restricting untrustworthy enterprises from participating in bidding and tendering of engineering construction projects, government procurement activities, assignment of land use rights and mining rights, and transactions of state-owned property rights'." Hunan Provincial Commission for Discipline Inspection and Supervision The relevant person in charge believes that in the specific implementation process, it is necessary to find out the basis for the policy, prudently identify the public objects of the "blacklist", and deal with those who are forced to pay bribes, the amount of bribes is small, and the attitude of admitting their mistakes is good, according to the relevant policies. Avoid "one size fits all".
The Hangzhou Municipal Commission for Discipline Inspection and Supervision of Hangzhou City, Zhejiang Province has carried out the work of reporting bribe-payers to relevant units in an orderly manner, and strengthened the construction of the bribe-payer information database. As of the end of December 2021, the discipline inspection and supervision organs at the city and county levels have entered a total of 1,783 pieces of bribe-payer information; , organically combine the bribe-payer information database with the construction of the social credit system, and give full play to the value of information in the qualification review of "two representatives and one member". Member" candidate information.
Judging from the cases investigated and dealt with in recent years, huge amounts of bribes, repeated bribes, and bribes to multiple people are prominent in the financial sector.
The Disciplinary Inspection and Supervision Group of the Central Commission for Discipline Inspection and the State Supervision Commission in China Construction Bank, together with the Party Committee of China Construction Bank, established a mechanism for prohibiting entry and exit of bribers, and was the first among state-owned commercial banks to explore the establishment of a "blacklist" system for bribers.
It is understood that the CCB Discipline Inspection and Supervision Team relies on the “blacklist” management component of CCB’s new-generation information system to take effective measures against bribers that have been verified in the process of duty crime cases, create a “blacklist” of bribers, and update them regularly and dynamically to classify them. Implement bans, exits, bans, or other restrictive measures.
Bribery is a complex social problem, and "punishment", "governance" and "prevention" are also arduous and long-term systematic work.
In addition to implementing the "blacklist" system of bribers and carrying out joint disciplinary action, it is necessary to increase the publicity of investigating and punishing bribery, publicize and expose typical cases, carry out in-depth warning education, demonstrate firm determination to zero tolerance for bribery, and advocate integrity and law-abiding in the whole society idea.
The Yunnan Provincial Commission for Discipline Inspection and Supervision announced the exposure of major typical cases by name and surname. Focusing on typical cases of party members and cadres being "hunted", they filmed and produced warning educational films such as "Hunting: The Bribery" and "Kail's Bribery" to promote the construction of party members and cadres. Firmly reject the ideological defense line of corruption and change, and realize the purpose of investigating and punishing one case, warning one, and governing one area.
Changshu Municipal Commission for Discipline Inspection and Supervision of Jiangsu Province explored the implementation of the "two-way propaganda and education" mechanism, combining warning education with positive guidance, shooting warning education films around typical cases of bribery and bribery being investigated and dealt with, and relying on the party style and clean government propaganda group to carry out propaganda on building pro-Qing government and business relations We will strengthen legal publicity and clean government education, and strive to build a political ecology in which the whole society jointly resists bribery, and the party, government, society, and folk customs are clearer.
Central Commission for Discipline Inspection and State Supervision Commission website Chai Yaxin