After resignation, I violated the rules and took bribes by taking advantage of influence... Some cadres violated discipline and law after resignation, attracting attention
Resignation is bound by discipline and law
Our reporter Chai Yaxin
Xue Heng, the former deputy secretary and vice chairman of the Liaoning Provincial Political Consultative Conference, was recently prosecuted. The procuratorial organ prosecuted Xue Heng after resigning and used him as the vice governor of Liaoning Province, the party secretary and director of the Provincial Public Security Department, and the deputy secretary of the Liaoning Provincial Political Consultative Conference. The convenient conditions formed by the power and status of the vice-chairman, etc., provide assistance to relevant personnel in changing criminal compulsory measures, and illegally accept huge amounts of property from others.
Near retirement, "escape-style" resignation, taking bribes after resignation, taking bribes after resignation, and getting paid after resigning in violation of regulations... In the typical cases reported by the disciplinary inspection and supervision organs recently, some party members and leading cadres have violated discipline and law after resignation.
Resignation does not mean that he is not bound by discipline and law. Whether it is to use the influence of power or public resources during his tenure to seek illegal benefits, or to fight "time lag" or engage in "option-style corruption", he will be severely investigated.
After early retirement, use the profit circle formed with unscrupulous businessmen to make a fortune
In September 2016, 51-year-old Jiang Tingxian applied for early retirement from the post of party secretary and director of the Jiulongpo District Tourism Bureau of Chongqing.
The reason why he chose to terminate his career was because of the calculus of "making a lot of money".
That summer, Zhu, general manager of an aluminum company in Chongqing, invited Jiang Tingxian to drink tea.
At that time, Zhu was planning a recycled aluminum project, and he wanted to ask Jiang Tingxian to do the preparatory work, and promised him an annual salary of 500,000 yuan and a 6% stake.
"At that time, I thought that the conditions he gave me were good. If I started the project and invested the stolen money I had received in the past, maybe I would make a fortune in my later years." Jiang Tingxian fantasized about changing his life.
At the same time, Jiang Tingxian also has his own "business experience".
Jiang Tingxian has successively served as the "top leader" in the Management Committee of the Baishiyi Flower and Seedlings Industry Demonstration Park in Jiulongpo District, Chongqing City, Baishiyi Town in Jiulongpo District, and Jiulongpo District Tourism Bureau.
During his tenure, Jiang Tingxian sought benefits for others in terms of project contracting, coordination of construction conflicts, and project payment, and accepted huge bribes.
After retiring, he used most of the bribes he received to operate Chongqing Wanhuagu Ecotourism Development Co., Ltd., and gradually became the company's legal representative from the "behind-the-scenes boss".
Among them, some of the bribes are still "favorable fees" agreed with the businessman's boss during Jiang Tingxian's tenure, which will be cashed after Jiang Tingxian's retirement.
"During his tenure, Jiang Tingxian began to lay the groundwork for doing business after resignation. By forming a circle of interests with unscrupulous businessmen, he made a lot of money, weaved a 'relationship network' for himself, accumulated 'original capital', and accelerated the realization of power by means of early retirement. Zhu Jianming, Director of the Case Trial Office of the Jiulongpo District Commission for Discipline Inspection and Supervision, introduced that Jiang Tingxian chose the tourism industry precisely because of the contacts and resources he accumulated during his tenure in the District Tourism Bureau, which could pave the way for him to do business in the tourism industry for profit.
In October 2021, the Jiulongpo District Commission for Discipline Inspection and Supervision will conduct a review and investigation on Jiang Tingxian.
The investigators found that Jiang Tingxian ran a business in violation of regulations, and also attempted to launder the bribes he received through his business activities, further covering up his previous power and money transactions.
Due to the suspected money laundering crime, the Jiulongpo District Commission for Discipline Inspection and Supervision has transferred relevant clues to the public security organs for handling according to law.
In April 2022, Jiang Tingxian was transferred to the Jiulongpo District People's Procuratorate for review and prosecution on suspicion of bribery and abuse of power.
After a cadre leaves, the occupation is directly related to his original work within a certain time limit, which can easily lead to unfair competition and the use of position influence to seek power rent or realize the problem.
"In these corruption cases, whether it is to run a business and run an enterprise for profit after leaving his post like Jiang Tingxian, or to take a job in an enterprise, take part-time jobs, and receive high 'salaries', the essence is to use the influence of power and public resources during his tenure to seek private interests. It violates the integrity of public power and damages a fair and just market economic environment." Zhu Jianming said.
Intra-Party rules, laws and regulations, and normative documents impose strict requirements and norms on the practice behaviors of various public officials after leaving their posts.
For example, the "Law of the People's Republic of China on Civil Servants" and "Opinions on Further Regulating Party and Government Leading Cadres' Part-time Jobs in Enterprises" clarified that "three years and two are not allowed", that is, party and government leading cadres resign from public office or retire (retire) In the next three years, you will not be allowed to take part-time jobs (employment) in enterprises within the jurisdiction of your original position and within the scope of business, nor may you engage in profit-making activities related to the business under the jurisdiction of your original position.
Party and government leading cadres who have been approved to take part-time jobs in enterprises are not allowed to receive salaries, bonuses, allowances and other remunerations from the enterprises.
The reason why it is necessary to restrict the scope and time of employment of party members and leading cadres after resignation is that after party members and leading cadres resign, the original powers and powers will still have an impact and play a role in a certain scope and period.
If party members and leading cadres engage in occupations that are directly related to their original work within a certain time limit, it will easily lead to unfair competition and the problem of using their positional influence to seek rent or realize power.
"In recent years, the corrupt behavior of some people has become more subtle and complicated, 'no retirement when in office' and 'no post, no transfer from post', which has stretched the front of power realization." Song Wei, director of the Integrity Research Center at the University of Science and Technology Beijing, said.
In the Jiang Tingxian case, there is "option corruption".
The so-called "option-style corruption" means that when leading cadres are in power, they use their power to benefit others.
There is a large "time lag" between profit and return, which is a major feature of "option corruption".
"When Jiang Tingxian seeks illegitimate benefits for an unscrupulous businessman, the briber first makes a promise, but does not fulfill it immediately. When Jiang Tingxian is doing business, he will complete the transfer of the bribe in the name of investment." Zhu Jianming said that the seemingly legitimate market economic behavior was actually covered up. It is the fact of power and money transactions.
Zhu Jianming told reporters that judging from previous cases, "option-style corruption" mostly breeds in the fields of project bidding, land bidding, government procurement, loan approval and other fields. "Customized" returns not only undermine fair competition in the market economy, but also seriously damage the credibility of the party and the government.
"Because the options trading method is more concealed, the incubation period of corruption is prolonged, and the bribe recipients are more unscrupulous. The phenomenon of selling state-owned assets at a low price and buying them at high prices has occurred from time to time, resulting in serious losses of state-owned assets."
"These leading cadres have changed the traditional model of 'paying money with one hand and doing things with one hand', trying to evade supervision and legal sanctions by means of deferred payment." Li Huochun, deputy director of the Eighth Inspection and Investigation Office of the Hangzhou Commission for Discipline Inspection and Supervision, Zhejiang Province, said that this will require a thorough investigation. Look at the essence of the phenomenon, whether you resign or not, as long as you commit corruption, you will definitely be investigated.
Taking advantage of the influence and working connections of the original authority and status to seek illegitimate benefits for the client through the staff of other countries, so as to receive benefits, the essence is still a power-money transaction
On June 13, the Commission for Discipline Inspection and Supervision of Jiaxing City, Zhejiang Province issued a notice that Shen Jianyang, former member of the Party Committee and Deputy Director of the State-owned Assets Supervision and Administration Commission of Jiaxing City, was expelled from the party for serious violations of discipline and law.
After retiring early in January 2015, Shen Jianyang not only illegally worked part-time jobs to get paid, but also used the influence of his original position to seek illegitimate benefits for others and illegally accept huge amounts of property.
Some leading cadres did not directly "go into the sea" to do business or take posts in enterprises in violation of regulations after leaving their posts, but used the influence of their former positions to seek illegitimate interests.
According to Paragraph 2 of Article 388-1 of the Criminal Law, state functionaries who leave their jobs take advantage of the conveniences formed by their former powers or positions to seek illegitimate benefits for the trustee through the behaviors of other state functionaries in their positions, ask for or Accepting the trustee's property constitutes the crime of using influence to accept bribes.
In 2008, Ye Mouguang, the former head of the Mineral Resources Section of the Huadu District Bureau of the Guangzhou Land, Resources and Housing Administration, Guangdong Province, was "double-opened" and sentenced to two years in prison with three years of probation for bribery; Some light is in prison again.
After being fired from public office, Ye Mouguang thought that he was no longer bound by discipline and law, and was more reckless, using his influence during his tenure and the public resources he had managed to seek illegal benefits.
In 2014, Ye Mouguang was entrusted by Zeng Moushan, the former deputy mayor of Huadong Town, Huadu District, and Shang Xian, the former deputy director of the "three old" (old town, old factory, and old village) renovation office in Huadong Town, to use I and some staff of the land and resources department of Huadu District are convenient conditions for the relationship between former colleagues and friends, so that they can use their positions to help the trustee deal with the illegal use of map spots, so as to retain the buildings on the illegal land.
In return, Ye Mouguang accepted a "facilitation fee" of 500,000 yuan from the trustee.
From 2015 to 2017, Ye Mouguang did the same, again using his influence to receive benefits of 260,000 yuan.
In the end, Ye Mouguang was sentenced to 2 years in prison and fined 200,000 yuan for using his influence to accept bribes.
"Leading cadres use their influence to accept bribes or make profits for others after they leave, which is closely related to their original powers, status and other power factors." Zhu Jianming analyzed that this is the use of their original powers and positions. To seek illegitimate benefits for the trustee, and thus receive benefits, the essence is still the transaction of power and money, which constitutes a violation of discipline and law.
The indirectness of power and money transactions is a feature of this kind of problem, and this indirectness has caused certain difficulties in the supervision of resigned leading cadres, as well as related supervision and inspection, review and investigation work.
Resigning leading cadres often use the name of "intermediaries" and "intermediaries" to act as brokers between those in power and those who pay bribes. There is often no direct connection between those in power and those who pay bribes, but they help based on the "influence" of old leaders.
Some of them do not even receive benefits, and it is difficult to find out the transfer of benefits through the investigation of the social relations of the powerful people.
The continuation of power influence is the "invisible" harm of such problems.
"Through the investigation and handling of such cases before, it can be found that in order to 'continue' in-service power after resignation, some leading cadres violated regulations to promote and adjust cadres before resignation, and promoted cadres who were 'close' and 'obedient' to important positions and continued to serve themselves. Use." Zhu Jianming said that this kind of "sowing" during tenure and "harvesting" after tenure is often accompanied by corruption, which has contributed to the "small circle" and "nepotism" in the officialdom.
"Although people have left their posts, their personal connections and influence are still there." Song Wei said that using the influence of their former positions to make profits, personnel from relevant units are often involved, seriously damaging the political ecology, and the transfer of political and business interests and "hunting" Such behaviors will also have adverse effects on market order and social ecology.
Enrich the means of supervision, form a synergy of supervision, and strengthen the management and supervision of outgoing leading cadres
Recently, the General Office of the Central Committee of the Communist Party of China issued the "Opinions on Strengthening the Party Construction of Retired Cadres in the New Era". In terms of strict discipline and rules, it is clearly stated that retired cadres and party members, especially those who have held leadership positions, must strictly abide by the relevant disciplinary rules. , shall not use the original power or position influence to seek benefits for themselves and others.
"Where the influence extends, the supervision must follow up." According to Fu Liguo, member of the Standing Committee of the Disciplinary Committee of Xiaoshan District, Hangzhou, there are relevant regulations on the supervision of outgoing leading cadres, but the implementation of the regulations sometimes fails, so tightening At the same time as the system cage, it is also necessary to strengthen management supervision, remind and educate retired party members and cadres, and regularly supervise and inspect reports on personal matters.
Leave the post without leaving the teaching, leave the post without leaving the management.
Experts suggest that we should start with the compaction of the "two responsibilities". The party organizations to which the leading cadres of the resigned party members belong and the corresponding discipline inspection and supervision organizations should strictly implement the main responsibilities and supervision responsibilities, and improve their supervision capabilities.
"I solemnly promise that after I leave office, I will strictly abide by the relevant restrictive regulations and will never engage in the profession of lawyers in violation of regulations..." Not long ago, Zhang Ting, deputy head of the Financial Division of the People's Court of Yiwu City, Zhejiang Province, completed the resignation procedures Witnessed by the city's Disciplinary Inspection and Supervision Committee in the court's discipline inspection and supervision team and the court's political department staff, they signed the "Letter of Commitment for Resigned Persons".
Some judicial public officials have illegally engaged in the profession of lawyers after leaving their jobs, and even acted as "judicial brokers", violating the "three provisions" to prevent judicial interference, and affecting the justice of law enforcement.
In the second half of last year, the Disciplinary Inspection and Supervision Team of the Yiwu Municipal Commission for Discipline Inspection and Supervision in the Municipal Procuratorate found in daily supervision that three retired cadres from the hospital interceded and greeted relevant police officers.
The discipline inspection and supervision team immediately reported the situation to the party group of the hospital, and urged the hospital to continue to strengthen the supervision and management of outgoing prosecutors.
The leaders of the party group of the institute carried out "one-to-one" conversation reminders for the three retired cadres involved, and organized outgoing and retired cadres to study relevant documents and regulations, and carry out reminder education.
Clarify the "can's" and "can't do" of resigning party members and leading cadres, and provide strong support for supervision.
After the Jiang Tingxian case, the Jiulongpo District Commission for Discipline Inspection and Supervision of Chongqing carried out the work of promoting reform through the case from point to point, and took the lead with the Organization Department of the District Party Committee to pay a return visit to understand the resignation and retirement situation of public officials, especially the "top leaders" of units in recent years. , to conduct a comprehensive investigation of resignation, retirees running businesses in violation of regulations, and irregular employment and part-time jobs, and refine and clarify the employment requirements of resigners. Currently, more specialized and targeted normative requirements are being researched and formulated.
Zhangjiagang City, Jiangsu Province has sorted out the violations of regulations and disciplines of cadres who have withdrawn from leading positions investigated and dealt with in the past 15 years, and summed up 20 integrity risk points from four aspects: ideological understanding, work responsibility, discipline and law-abiding, and social life.
Enrich the means of supervision, integrate information resources, and make full use of big data and other means for analysis and comparison to improve the accuracy of screening.
The Commission for Discipline Inspection and Supervision of Hongze District, Huaian City, Jiangsu Province, and the banking system jointly developed the "Cloud Internet Banking Integrated Supervision System" to implement an early warning system for the entry and exit of large amounts of funds.
According to this early warning system, the Hongze District Commission for Discipline Inspection and Supervision accurately and quickly verified the violations of discipline and law, such as violations of discipline and law by Mr. Guo, the former director of the Renhe Grain Reserve in Hongze District, who has been retired.
"The experience in the construction of the illegal employment verification system for resigned personnel from courts and procuratorates across the country is worth learning from." Zhu Jianming suggested that we can explore the development of regionalized resigned public officials by integrating data resources such as the practice information of resigned public officials and close relatives. , using big data to make early warnings.
In order to prevent the "revolving door" and "option-style corruption" of politics and business, experts suggest that we should focus on important areas and key positions, and form a joint supervision force for discipline inspection and supervision agencies, organizational departments, and auditing agencies.
"Doing real and meticulous tenure economic responsibility audits, departure audits and post-mortem audits, and working with financial, taxation, auditing and other departments to explore the establishment of a big data screening mechanism for the trajectory of personal property and close relatives' property after resignation, so as to allow 'ill-gotten wealth' 'There is nowhere to hide." Zhu Jianming said.