From the case of serious violation of discipline and law by Fu Zhijie, former director of the Executive Bureau of the Intermediate People's Court of Ziyang City, Sichuan Province——
De-saprotrophy in the field of judicial enforcement
The judiciary is the last line of defense for maintaining social fairness and justice, and enforcement is the "last mile" to ensure the effective implementation of judicial decisions, and plays a vital role in "making the people feel fairness and justice in every judicial case".
What corruption risks exist in the field of judicial enforcement?
How to make good use of review and investigation measures in accordance with regulations, disciplines and laws in case investigation and handling?
How to purify and restore the political ecology in the field of judicial enforcement?
The Disciplinary Inspection and Supervision Authority of Ziyang City, Sichuan Province, in conjunction with the bribery case of Fu Zhijie, the former director of the Executive Bureau of Ziyang City Intermediate People's Court, which was investigated and dealt with, paid close attention to key positions and key links in the field of judicial enforcement, investigated corruption in the field of judicial enforcement, and promoted system rectification. Reform and improve rules and regulations, standardize enforcement behavior, and promote the continuous restoration of the political ecology in the field of judicial enforcement.
1 The execution of the case is the "hardest hit area" of corruption
Since the 19th National Congress of the Communist Party of China, 35 staff members of the Ziyang court system have been punished by the party discipline and government for violating discipline and law, of which 6 were transferred to judicial organs.
Combing the relevant cases, it can be found that the execution of the case is the "hardest hit area" of corruption.
In recent years, the national court system has made great efforts to rectify the stubborn diseases in the enforcement field.
But it cannot be ignored that corruption in the field of judicial enforcement is also growing.
- Fast and slow progress: Rent-seeking space is created in the flexibility of execution time
The Supreme People's Court's "Regulations on Several Time Limits for People's Courts to Handle Execution Cases" clearly states that a case where the person subject to execution has property available for execution shall generally be concluded within 6 months from the date of filing the case.
If the execution period needs to be extended under special circumstances, it shall be reported to the president or vice president of the court for approval.
In the process of case execution, judges have greater autonomy in the speed of execution of cases, and the flexible space in time span also creates conditions for judges with ulterior motives to seek power and rent. The related person accepts the request, which leads to the frequent occurrence of the problem of "incorrect execution".
In accordance with the relevant provisions of the Supreme People's Court, any meeting with a person in a case not due to normal case handling needs, an abnormal time and place, and a case situation not due to the performance of duties shall be reported in a timely manner.
However, in this case, Fu Zhijie violated the regulations many times by meeting privately and individually with the parties involved in the enforcement case, the parties involved in petitions involving enforcement, etc., to provide relevant information, and to use his autonomy as an enforcement judge to help the parties achieve the purpose of speeding up the enforcement and accept large sums of money. bribe.
For example, in order to speed up the execution of false lawsuits, Zhang Moumou, an unscrupulous businessman, asked Zhijie to entrust him many times, and then Fu Zhijie actively coordinated to promote the implementation of all the major enforcement cases within 2 months, and then received a huge thank-you fee from Zhang Moumou.
For some cases without "hello", there are "negative enforcement" behaviors such as "notifying the person subject to execution overdue to talk to understand the basic situation and property situation of the person subject to execution", "failure to restrict high consumption of the person subject to execution in time", etc., which affects the case. execution progress.
——The order is first and last: form a chain of interests with lawyers representing illegal risks, and give priority to the execution of profitable cases
Civil and economic disputes account for a large proportion in the field of judicial enforcement. When lawyers represent civil and economic disputes, the method of "risk agency" is particularly popular.
Risk agency, that is, the fee is charged only when the case is won, but the fee charged is not the agency fee, but the share of the target agreed by the lawyer and the client in advance. , the maximum charge amount can reach 30% of the target amount.
Only after the judgment takes effect and the corresponding execution funds are in place, the risk attorney can realize the benefits.
In practice, there are many ways for the person subject to execution to evade execution. In order to maximize the profits, some risk attorneys try their best to win over the execution personnel, and form a chain of interest with the judge through income sharing and other methods, so that they can give priority to the supervision of profitable cases. , Differential treatment, namely "selective execution".
In this case, in order to restore the execution procedure of the case he represented, Mr. Li, the attorney representing the case, wooed and corrupted Fu Zhijie, and the two formed a community of interests. Jie arranged for the case handlers to give priority to the execution and gave them a benefit fee.
In another equity transfer dispute case, after receiving the "thank you fee" from the attorney, Fu Zhijie immediately started to facilitate the two parties to reach a settlement agreement and urged the enforced party to take the initiative to fulfill its obligations.
However, for different cases under the same circumstances, when they did not receive the "benefits" sent by the lawyer, they were not active and "lazy to execute", which led to the frequent occurrence of "the cases that were filed later were executed first, and the cases that were filed first were executed later". Seriously affect the credibility of judicial enforcement.
——Large or small decision-making power: There are many tricks in the secondary distribution of case handling, and most major cases are dominated by one person
In judicial practice, in principle, cases are assigned by random assignment, but for some cases that need to be avoided or are more important, secondary assignments are usually made by leaders, and they are assigned to case handlers with strong business ability and rich experience.
In the field of enforcement, this distribution method can concentrate high-quality judicial resources on key cases and improve the quality and efficiency of enforcement.
Fu Zhijie has been the director of the Executive Bureau of Ziyang Intermediate People's Court for a long time. He has rich experience in handling cases. He often takes advantage of his position to try to undertake some cases with great social influence and high target value, such as the case of Li Moumou's loan against capital.
The company under the name of the unscrupulous businessman Li Moumou was in arrears of a huge amount of loan, and was applied by the bank to offset the loan with capital. In order to promote the asset auction and the delivery of funds as soon as possible to reduce interest expenses, Li Moumou asked Fu Zhijie to help quickly settle the settlement, and Fu Zhijie learned from it. Profitable."
In order to punish corruption in enforcement, in recent years, the Supreme People's Court and the local courts have both introduced measures to separate the enforcement powers, and no longer "one person covers the case to the end". It is still the leading role in the execution team, and has a higher right to speak about whether the case is executed, how to execute it, and when to execute it, which provides space for bad judges to operate in the dark.
In this case, Fu Zhijie, as the director of the Executive Bureau, has repeatedly instructed the case handlers to speed up the execution of the relevant cases.
In the context of the Supreme People's Court's proposal to "make every effort to improve the quality and efficiency of execution", Fu Zhijie's request seems reasonable and reasonable.
But in fact, this is Fu Zhijie's pretext for receiving benefits and using his right to speak to interfere with the execution of the case.
Under the influence of Fu Zhijie, the cadres of the bureau worked up and down. In the mediation of a dispute between a real estate development company and other companies in Anyue County, Chen Moumou, the former director of the enforcement department, accepted bribes, was expelled from the party, dismissed from public office, and was transferred Judicial processing.
Yang Moumou and Fu Zhijie, the former deputy directors of the enforcement department, acted as assistants for them when they went to a certain place to mediate relevant cases, received money and materials from the parties, and were severely investigated and punished.
2 Doing in-depth and factual review and investigation work
Disciplinary inspection and supervision organs take relevant review and investigation measures, and conduct in-depth and practical review and investigation work, which is an important manifestation of the rule of law thinking and method of anti-corruption.
In the case of Fu Zhijie, after the review and investigation team received clues to the problem, they focused on fixing factual evidence, supplemented by awakening party spirit and policy attack, to smoothly advance the review and investigation work.
——Policy attack, ideological and political work throughout
Article 20 of the Supervision Law stipulates that for persons under investigation suspected of corruption, bribery, dereliction of duty, dereliction of duty, or other duty-related crimes, the supervisory organ may conduct interrogations and require them to truthfully confess their suspected crimes.
Article 21 stipulates that during the investigation process, the supervisory organ may question witnesses and other personnel.
According to the investigators, Fu Zhijie had a tough attitude in the early days of his detention and refused to explain the problem.
The review and investigation team adheres to education and rescue, and runs ideological and political work throughout the entire review and investigation process.
The first is to arrange for Fu Zhijie to study the party constitution and the party rules and review the oath of joining the party to help him awaken the original intention of the party; the second is to explain the policy requirements to him to reduce the impact on him and his family; He fully felt the good intentions of the organization, slowly lifted his ideological alert, promoted self-reflection and cooperated with the investigation.
Inspired by the policy and humanistic care, Fu Zhijie not only truthfully explained the problems that the investigators had grasped, but also took the initiative to explain the issues that the investigators had not yet grasped, such as his own acceptance of gifts, gifts and some bribes.
——Fix evidence according to law, and realize from evidence to testimony
Article 32 of the Supervision and Discipline Work Rules stipulates that the party committee (party group) and the discipline inspection committee (discipline inspection and supervision team) shall conduct preliminary verification work on identifiable clues about suspected violations of discipline, duty-related violations of law, and duty-related crimes, and collect them. Objective evidence to ensure authenticity and accuracy.
Fu Zhijie has been engaged in judicial work for a long time, is proficient in law, and has strong anti-investigation ability. It is not appropriate to talk directly when the relevant evidence is not fixed.
After analysis, the investigation team decided to start from the periphery and do the preliminary verification work step by step. First, through inquiries and retrieval of the execution case files undertaken by Fu Zhijie, the focus was on cases with large execution targets, long time span, termination of execution and resumption of execution. Conduct research and analysis, and invite relevant personnel to talk to understand the situation, and then collect Fu Zhijie's private meetings with the parties or attorneys in the enforcement case many times and receive benefits.
The second is to comprehensively investigate and master Fu Zhijie's relevant communication, economic exchanges and other data, make statistical analysis and judgment, and lay a solid foundation for the later trial.
The third is to strengthen departmental cooperation, starting with the relevant bribe-payers controlled by the public security organs, to find direct evidence that Fu Zhijie is suspected of illegal crimes, and then to facilitate Fu Zhijie to truthfully explain the fact that he accepted a huge amount of bribes from Zhang Moumou, Li Moumou, etc. A major breakthrough in case investigation from evidence to testimony.
——Lock the details, investigate deeply and find out comprehensive breakthroughs
Article 33 of the Supervision Law stipulates that the material evidence, documentary evidence, testimony of witnesses, confessions and defenses of the person under investigation, audio-visual materials, electronic data and other evidential materials collected by the supervisory organs in accordance with the provisions of this Law may be used as evidence in criminal proceedings.
When the supervisory organs collect, fix, review and use evidence, they shall be consistent with the requirements and standards for evidence in criminal trials.
During the review and investigation of the case, Fu Zhijie admitted the fact that in the process of handling Zhang Moumou's litigation enforcement case, Zhang Moumou promised to give him a huge bribe in order to speed up the execution of the case, but because the money was deposited in Zhang Moumou for a long time. The investment interest was not actually delivered, and Fu Zhijie insisted that the payment was an attempted bribery.
The investigation team encountered a bottleneck in determining whether Fu Zhijie constituted a successful or attempted bribery.
After careful analysis and judgment, the investigation team sorted out suspicious details from hundreds of thousands of pages of evidence. According to the confession of Li Moumou, an employee of Zhang Moumou, from January 2016 to June 2017, Zhang Moumou arranged for Li Moumou to monthly He gave Fu Zhijie tens of thousands of yuan in cash, but he did not know the nature and purpose of the funds.
The review and investigation team comprehensively analyzed the changes in the time period and amount of money sent by Zhang Moumou, and preliminarily judged that these amounts were relatively fixed, and the monthly cash payments were likely to be interest on funds.
After determining the main attack direction, the review and investigation team talked to Fu Zhijie and the briber Zhang Moumou at the same time, and verified that Fu Zhijie lent the huge bribe Zhang Moumou gave him to Zhang Moumou, and Zhang Moumou paid a high monthly payment according to the agreement. The fact that the amount of interest was obtained played a key role in determining that Fu Zhijie was suspected of taking bribes.
3 Promoting reforms with cases, purifying and restoring the political ecology in the field of judicial enforcement
After Fu Zhijie and other corrupt elements in judicial enforcement were investigated and dealt with, the Ziyang Municipal Commission for Discipline Inspection and Supervision immediately directed the judicial system to promote reforms with cases, urging relevant units to make up for shortcomings in the system, carry out centralized rectification, and continue to purify and restore the political ecology.
—— Sort out the risk points of clean government, plug loopholes and make up for shortcomings
In response to the problems exposed by the case, the Ziyang Intermediate People's Court paid close attention to the hidden risks of integrity, such as the interaction between judges and lawyers, abuse of discretion, and acting as a broker in litigation, sorted out 94 risk points of integrity, and formulated 104 rectification measures.
On the issue of rectification and enforcement, the Ziyang Intermediate People's Court issued the "Opinions on the Construction of Party Conduct and Clean Government and Anti-Corruption Work in the City's Courts" in a timely manner, insisting on the deployment, implementation and assessment of the construction of party conduct and clean government and the work of trial enforcement.
More than 30 work systems, including the "Implementation Measures for Responsibility for the Implementation of the "Three Provisions" for Preventing Judicial Intervention (for Trial Implementation), have been formulated to promote standardization and institutionalization.
In terms of rectifying illegal contact between case handlers and relevant parties, a special inspection mechanism for the "three non-violations" work has been implemented.
The leaders of the hospital led a team to carry out 6 rounds of inspections, and found 5 issues related to the police officers who were not due to normal case handling needs, met people related to the case at an abnormal time and place, and interrogated the situation of the case not due to the performance of their duties, and reported 5 issues throughout the system.
In the rectification of stubborn maladies and inaction, indiscriminate actions, and selective execution of cases, a large-scale investigation of the quality of cases was carried out.
In response to 17,164 cases of "temporary reduction of leave" (commutation, parole, temporary execution outside prison), 525 cases of changing trial limits, 788 cases of execution, 10 cases of retrial and verdict and 10 cases of different sentences in the same case, organized " Individual self-examinations, departmental inspections, public assistance investigations, key investigations, collaborative joint investigations, and intelligent screening”, 35 judges accepted interviews due to irregular changes in trial limits, and 1 judge was warned for irregular handling of cases of temporary execution outside prison Punishment.
On the issue of one person leading the rectification of major cases, earnestly implement the work mechanism of "separation of powers and checks and balances, separation of complex and simple, and section-intensive" and "three-separation" of enforcement cases. Intensive management of different execution teams, systematically avoid the result of "one person controls the execution progress".
—— Carry out centralized rectification in the judicial field and promote rectification in an orderly manner
In response to the problems exposed in Fu Zhijie's case, the Ziyang Municipal Commission for Discipline Inspection and Supervision urged the city's court system to carry out in-depth centralized rectification, establish a "1+3" mechanism to efficiently promote clue verification, and dispatched 23 police officers to form a centralized clue circulation center and 3 verification teams. The Centralized Clue Circulation Center is responsible for receiving, summarizing, and transferring case leads. The three verification teams are respectively responsible for the verification of clues related to violations of trial enforcement disciplines, leading cadres and post judges, and ordinary party members.
Up to now, all 134 case leads have been settled and cleared.
40 police officers were criticized, educated, reminded to talk, etc., and 2 police officers were placed in detention.
In response to the stubborn maladies found, the Ziyang City Intermediate People's Court took the lead in formulating a rectification plan and pushed forward the rectification in an orderly manner.
In the rectification of inaction, slow action, and disorderly action in the execution of cases, in response to issues such as the overdue execution of individual cases and the execution period being too long, the supervision of execution and case handling shall be strengthened, the execution case funds shall be thoroughly cleaned up, the case management mechanism shall be improved, and execution behavior shall be standardized. .
——Higher efficiency and correct atmosphere, the people feel that fairness and justice are around
"The working environment is much easier now. The implementation of the 'three separations' in cases has solved the problems of intercession and illegal intervention, and the work process has become smoother and more efficient." Disciplinary inspection and supervision cadres said that by promoting reforms with cases, the atmosphere of the judicial enforcement field in Ziyang City has improved significantly.
"In the past, I won the lawsuit and lost the money, and it was difficult to execute the judgment even if I broke my leg. Now I run less, and it takes only one month for the application to execute the entire money." Working in the Litigation Service Hall of Ziyang Intermediate People's Court the crowd said.
It is understood that after promoting reforms with cases, the Ziyang City court system has further promoted the reform of the judicial system. Up to now, 26 reform tasks have been fully implemented, such as the "divorce cooling-off period" family trial reform, 20-minute case filing commitment, and "two sessions and one team" implementation to tackle tough problems Such measures have achieved good social effects.
Through the implementation of large-scale enforcement actions, 406 enforcement cases were handled, 208 enforcement cases were concluded, and 17.7921 million yuan was executed in place. The average enforcement period for first-time enforcement cases was shortened by 8 days.
The number of petition cases in the enforcement field decreased by 36.4%, and the completion rate of petition cases was 100%.
Our reporter Fang Yifei