Use options, white gloves, shadow companies and other means to carry out profit transfer
Uncover the invisibility cloak of relying on enterprises to eat enterprises
Our reporter Li Yunshu
On April 24, Wang Hui, the former deputy general manager of China National Light Industry Products Import & Export Group Co., Ltd., was notified for an investigation; on April 20, Zhang Fan, the former chairman of the labor union of Guizhou Power Grid Co., Ltd. Hu Qun, former member of the party committee and deputy general manager of the Anhui branch of China Grain Reserve Management Group Co., Ltd., was notified of the investigation and investigation... In the past few days, the website of the Central Commission for Discipline Inspection and the State Supervision Commission has published news that many leading cadres of state-owned enterprises are under investigation and investigation.
State-owned enterprises are an important pillar and strength for our party to govern and rejuvenate the country.
For a period of time, individual party members and leading cadres have relied on corporate resources and used their power to trade power and money, becoming "worms" who "rely on the enterprise to eat the enterprise" and harm the public and private. The lesson is very profound.
The Sixth Plenary Session of the 19th Central Commission for Discipline Inspection required to continue to deepen the anti-corruption work of state-owned enterprises.
Disciplinary inspection and supervision organs at all levels, on the one hand, pay close attention to key areas and key links, and strive to strengthen the supervision and restriction of the operation of power; And take the case as a guide to urge rectification.
Individual party members and leading cadres of state-owned enterprises have made a big fuss about state-owned assets, resources and funds by taking advantage of the characteristics of the enterprise's diversified business formats, intensive capital, and frequent business transactions.
Sorting out the cases of state-owned enterprises "relying on enterprises to eat enterprises" that have been investigated and dealt with in recent years, there is often a common point behind the corruption problem - making a big fuss about state-owned assets, resources and funds, taking advantage of the characteristics of enterprises such as diverse formats, intensive capital, and frequent business exchanges. , put on an "invisibility cloak" for violations of discipline and law.
Some seek personal gain through affiliated transactions, collude inside and outside the field of engineering construction, evade bidding, and arrange projects directly to relatives or specific related persons.
For example, Ye Limin, general manager of Hangzhou Xiaoshan Road and Bridge Engineering Co., Ltd. in Zhejiang Province, knew that Hangzhou Chuangdu Transportation Facilities Co., Ltd. controlled by his spouse Shao Qunying and his younger brother Ye Xiaomin participated in the project bidding of the road and bridge company. The company undertakes the determination of the form of bidding and subcontracting of 8 engineering projects of the Road and Bridge Company, and the selection and approval of the construction unit, with a total engineering volume of more than 19.2 million yuan.
Some falsely report financial costs and regard the company's finances as "own account".
For example, Li Xiang, the former manager of Chongqing Zhongxian Lantian Environment Co., Ltd., regards state-owned enterprises as "private land", and regards special funds such as cleaning and bleaching as his "money bag".
He arbitrarily decided and arranged for the staff of Lantian Company to obtain special funds for cleaning and bleaching, financial funds and the company's operating income 80 times by means of falsely increasing the number of cleaning and bleaching workers, falsely increasing the number of garbage transfer, and falsely increasing the project volume. 3.08 million yuan.
Some exploited system and regulatory loopholes, turning state-owned enterprise restructuring into an opportunity to embezzle and divide state-owned assets.
For example, Tan Guoguo, the former general manager of a state-owned enterprise in Danzhou City, Hainan Province, sold more than 126 acres of the company's land at a low price of more than 3.79 million yuan to the Zheng Mou, the owner of a private enterprise, reversed the signing of the agreement to cover up the fact that the state-owned assets were disposed of at a low price, resulting in a loss of more than 70 million yuan in national interests.
In order to hide people's eyes and ears, some leading cadres of party members use options, "white gloves" and other covert means to spread profits.
"After I took over the targeted financing business in Qingjiangpu District, I agreed with Xiong Ziwen to give him 2% of the filing amount as a benefit fee. Later, he proposed to postpone the payment of the benefit fee to avoid risks, so I did it in the name of myself and my family. , and helped him buy Dingrong products with a term of three years. I will keep the products on my behalf, and I will cash them directly to him when he needs them.” A few days ago, in the state-owned assets management of Xuyi County, Huai’an City, Jiangsu Province, and the construction of clean government of state-owned enterprises At the working meeting, the warning educational film "Power Lost" produced by the county's Disciplinary Committee and Supervisory Committee was played. The typical negative character Xiong Ziwen mentioned in it is the former Secretary and Chairman of the Party Committee of Huai'an Qingjiang Pucheng Investment Holding Group Co., Ltd.
"This case of serious violations of discipline and law is a typical case of the current state-owned enterprise leader 'relying on the enterprise to eat the enterprise' and engaging in 'option corruption'," said the chief person in charge of the County Commission for Discipline Inspection and Supervision.
After investigation, under the circumstance that the interest rate and underwriting fee of the fixed financing products proposed to be issued by the briber Gao Moumou were higher than the market average, Xiong Ziwen used his power to personally decide to agree that Gao Moumou would undertake the fixed financing business of Qingjiang Pucheng Investment Company.
With the help of Xiong Ziwen, Gao Moumou successively undertook 16 fixed financing businesses of Qingjiang Pucheng Investment Company, with a total filing amount of 5.72 billion yuan; and he himself also received more than 11 million yuan in favors. Gao Moumou took care of it.
In the end, Xiong Ziwen was suspected of taking bribes and was transferred to the procuratorate for review and prosecution.
Numerous cases show that the behavior of "relying on enterprises to eat enterprises" will lead to serious consequences.
"It will not only corrupt the personnel of state-owned enterprises, damage the reputation of state-owned enterprises, erode the health of state-owned enterprises, and lead to the loss of state-owned assets, but also disrupt the order of the market economy and deteriorate the social governance environment, thereby causing economic losses to the country and shaking the strong pillar of the national economy." Fujian Province Zhou Jianguo, head of the Disciplinary Inspection and Supervision Team of the Fuzhou Municipal Commission for Discipline Inspection in the city's State-owned Assets Supervision and Administration Commission, told reporters.
The method of "relying on enterprises to eat enterprises" has been renovated, and it has shown the characteristics of young corrupt subjects.
The Party Central Committee attaches great importance to the reform and development of state-owned enterprises and the anti-corruption work.
In recent years, state-owned enterprises have always maintained a high-pressure anti-corruption situation, and have seriously investigated and dealt with a number of state-owned enterprise "worms".
According to Ren Keng, deputy director of the Sixth Disciplinary Inspection and Supervision Office of the Commission for Discipline Inspection and Supervision of Xiaoshan District, Hangzhou City, Zhejiang Province, state-owned enterprises undertake the functions of providing public services and guarantees and are closely related to the daily life of the people.
"The staff of state-owned enterprises is huge, and the personnel composition is relatively complex. In addition, the state-owned enterprises handle many projects and have a large amount of funds. Once corruption occurs, it is easy to attract attention from the outside world."
In order to evade supervision, a small number of party members and leading cadres of state-owned enterprises continue to "renovate" corrupt methods.
Ren Keng introduced that its main feature is that it is more concealed, such as using people who are not related to me to conduct illegal operations and seek personal gain; using the assessment system as a cover, and in the form of universal rewards and incentives, to seek personal large sums " bonus", etc.
"At present, the form of 'relying on the enterprise to eat the enterprise' mainly shows the following characteristics: First, the main body is showing a younger development trend. For example, the staff members of a state-owned enterprise, such as Chen and Yang of the investigation office of our commission, are all in their twenties and thirties. All of them are young cadres who have just taken up management positions. Second, the amount involved is huge. At present, among the suspected duty-related crimes of state-owned enterprise staff handled by our commission, many of the cases involve more than one million yuan." Xu Tengxiang, deputy director of the Second Discipline Inspection and Supervision Office, told reporters.
A number of case handlers said that there are many reasons for the frequent occurrence of "relying on enterprises to eat enterprises".
On the one hand, the problem of "focusing on business and ignoring party building" still exists in state-owned enterprises.
Some state-owned enterprise leaders pay more attention to the economic benefits of the enterprise, and are prone to slack in ideological and political learning and the transformation of world outlook; because they are engaged in work that is capital-intensive, resource-rich, and asset-gathering, they are prone to various temptations and are more likely to breed and spread money worship.
On the other hand, the loopholes in the system and the imperfect supervision system are also an important reason.
"Enterprises are the most active 'cells' in economic development, and are for-profit organizations that directly control a large number of economic resources and generate a large amount of economic benefits. However, the management of enterprises requires a certain degree of autonomy. Whether the management system and supervision system of the enterprise are Scientific, reasonable and efficient, has an important relationship with curbing the phenomenon of 'relying on enterprises to eat enterprises'," said Chen Tian, director of the First Disciplinary Inspection and Supervision Office of the Commission for Discipline Inspection and Supervision of Xiaoshan District, Hangzhou.
To deal with corruption problems such as "relying on enterprises to eat enterprises", we must take a multi-pronged approach from improving the internal control system, strengthening the supervision of "top leaders", and strengthening internal and external supervision and cooperation.
"The integrity risk of 'relying on companies to eat companies' has existed for a long time and is becoming more and more hidden." A discipline inspection and supervision cadre said that the reason why "relying on companies to eat companies" is prone to occur frequently because of weak supervision and supervision.
Insufficient supervision.
"State-owned enterprises often have complex systems, diverse formats, and a large number of people. Relatively speaking, daily supervision work will also face difficulties such as insufficient energy and insufficient manpower. Second-level and third-level units are especially easy to become 'fish that slip through the net', giving some people a chance to take advantage of. Opportunity.” said Wang Yunhua, a cadre of the Disciplinary and Supervision Committee of Gongshu District, Hangzhou City.
Insufficient oversight of the "leader".
The "top leader" has important voice, discretion and decision-making power in state-owned enterprises.
Whether a project should be done, how to do it, who to cooperate with, and how much funding should be given, the "leader" is often the key factor.
In some second- and third-tier enterprises, there are even situations where the chairman and general manager are absent or one person is "carrying on both shoulders", resulting in a prominent problem of "one word," but "relying on enterprises to eat enterprises" is not easy to be discovered.
The nest string phenomenon is prominent.
Hu Ping, deputy director of the Second Disciplinary Inspection and Supervision Office of the Commission for Discipline Inspection and Supervision of Jiande City, Zhejiang Province, said that from the analysis of relevant cases, due to the influence of many factors such as personnel management and institutional norms, gang crime has become an important feature of duty crimes in this field. , such as the collusion between state-owned enterprise personnel and external engineering project personnel, and collusion between state-owned enterprise management personnel and subordinates.
Several discipline inspection and supervision cadres suggested that a multi-pronged approach should be taken in terms of improving the internal control system, strengthening personnel management, strengthening the supervision of "top leaders", and strengthening cooperation between internal and external supervision.
Zhou Jianguo said that it is necessary to fully implement the "Regulations of the Communist Party of China on the Work of Grassroots Organizations of State-owned Enterprises (Trial)", adhere to the unity of strengthening the party's leadership and improving corporate governance, integrate the party's leadership into all aspects of corporate governance, and strictly control the selection and employment of personnel. Make good use of the system of rotation exchange, post avoidance and tenure system, and implement the supervision of the "top leader" and team members.
"In the case of insufficient supervision and discipline departments, the role of the big data supervision platform can be played well, and the problems related to party members and cadres of state-owned enterprises can be understood by strengthening data collision, public opinion monitoring, and platform early warning." Xu Tengxiang suggested.
Wang Yunhua believes that various internal control systems should be further established and improved, focusing on resource concentration, rent-seeking risks, and frequent problems in the operation of state-owned enterprises, from business decision-making, capital management and control, financial management, market access, customer management and legal issues. More detailed regulations have been made in terms of risks and other aspects to prevent the occurrence of "cowpen shutting cats".
Disciplinary inspection and supervision organs pay close attention to key areas and key links, focus on strengthening the restriction and supervision of the operation of power, and deepen the use of cases to promote reform and governance
In February this year, the State Supervisory Commission, on the basis of conducting in-depth research in conjunction with the Supreme People's Court and the Supreme People's Procuratorate, studied and drafted the "Opinions on Several Issues Concerning the Application of Law in Handling Criminal Cases of Malfeasance by State-Owned Enterprise Managers", which was officially issued and implemented.
The "Opinions" is an important measure to thoroughly implement the deployment requirements of the Sixth Plenary Session of the 19th Central Commission for Discipline Inspection on deepening the anti-corruption work of state-owned enterprises. "Shadow companies" and other outstanding issues, adhere to the main tone of strictness and unswervingly, punish corruption with a zero-tolerance attitude, and effectively promote the high-quality development of state-owned enterprises with the actual results of party style and clean government construction and anti-corruption work.
In response to the increasingly concealed behavior of "relying on enterprises to eat enterprises", the discipline inspection and supervision organs focus on key areas and key links, and strive to strengthen the restriction and supervision of the operation of power.
The Disciplinary Inspection and Supervision Team of the Central Commission for Discipline Inspection and the State Supervision Commission of the State-owned Assets Supervision and Administration Commission pays close attention to key areas such as engineering construction, mixed reform of state-owned enterprises, and overseas investment, and key links such as project approval, restructuring and reorganization, procurement and marketing, and property rights transactions. Investigate and punish violations of discipline and law such as "relying on enterprises to eat enterprises", transfer of interests, rent-seeking, and affiliated transactions, and precisely punish hidden and new types of corruption such as "shadow companies" and "shadow shareholders".
The Disciplinary Inspection and Supervision Team of the State Grid Corporation of China Central Commission for Discipline Inspection set up an anti-corruption cooperation platform, promoted the establishment of the company's party style and clean government construction and anti-corruption work coordination group, coordinated the communication of the relevant departments of the company headquarters, reported problems, and promoted the formation of a joint supervision force.
Strengthen the coordination and linkage with inspection, auditing and other departments, and continuously deepen the application of the problem clue sharing and disposal consultation mechanism with auditing, inspection and inspection, organization and personnel and other departments.
Since 2021, the State Grid Corporation's system has found problems through supervision and inspection, inspections and audits, accounting for 45.5% of the total number of clues, and the ability to actively find problems has been continuously enhanced.
While continuing to increase punishment and seriously investigate and deal with the problem of some state-owned enterprise leading cadres and managers "relying on enterprises to eat enterprises", the discipline inspection and supervision organs made timely summaries and deepened the use of cases to promote reform and governance.
Recently, Datong City, Shanxi Province held the "Warning Education Conference for Leading Cadres of State-owned Assets and State-owned Enterprises in the City" in the form of a video conference, and more than 1,000 cadres received education.
The main person in charge of the Datong Municipal Commission for Discipline Inspection and Supervision notified Chai Yi, the former Secretary of the Party Committee and Deputy Director of the Municipal State-owned Assets Supervision and Administration Commission, and Wang Kailong, the former Secretary of the Party Branch and Chairman of Pingcheng Investment Group Co., Ltd., 10 serious violations of discipline and law.
The participants watched the warning educational film "Rat Calamity" produced by the Municipal Commission for Discipline Inspection and Supervision, based on the cases of some party members and cadres in the city's state-owned and state-owned enterprise system.
In order to investigate and handle the "second half article" of the case in depth, Datong City requires party organizations at all levels in the city's state-owned enterprise system, engineering construction and other fields to learn profound lessons, carry out self-examination and self-correction, and urge inspection of party building and inspection of "key A small number of", inspect the operation and management situation, immediately rectify the problems found, and report the problems and rectifications to the higher-level party organization and the discipline inspection and supervision organs in a timely manner.
In response to the problems exposed by the Huai'an City Qiushi Company, a subsidiary of the Huaiyin District Education and Sports Bureau, "relying on enterprises to eat enterprises", the Huaiyin District Commission for Discipline Inspection and Supervision of Huai'an City issued disciplinary inspection and supervision suggestions to the District Education Working Committee and the District Education and Sports Bureau. , requires strengthening the system construction in key areas such as bidding, project construction, bulk material procurement, and personnel selection and employment, and promotes reforms with real cases.
There is nothing special about comprehensively and strictly governing the party, and state-owned enterprises are no exception.
To continue to rectify the problem of "relying on enterprises to eat enterprises", the discipline inspection and supervision organs must take new ideas and new measures to break the "obstructive method", strictly prevent "worms", and use iron discipline to help state-owned enterprises achieve high-quality development.