Illegal part-time jobs, remuneration with certificates, retired part-time jobs... Beware of the "cross-the-wall ladder" that powers rent-seeking and monetization

  Uncover the "Amphibious Cadre" Invisibility Cloak

  Our reporter Li Yunshu

  The Disciplinary and Supervision Commission of Fuzhou City, Jiangxi Province recently notified 5 typical problems of running a business and serving in an enterprise in violation of regulations. Among them, many cases of cadres illegally taking part-time jobs and serving in enterprises in violation of regulations have attracted attention.

  For some time, it can be seen in relevant bulletins that some party members and cadres, on top of receiving state-issued salaries, also obtained generous remunerations from enterprises through part-time jobs, in an attempt to "occupy both ends", and the people reacted strongly to this.

Disciplinary inspection and supervision organs at all levels have stepped up disciplinary inspections, strictly inspected "amphibious cadres", tightened the "red line" of party discipline, and standardized the performance of party members and cadres.

  Illegal part-time jobs, getting paid with certificates... Attempts to "occupy both ends" ended up being "empty at both ends"

  "As a party member and cadre, I worked part-time in an enterprise and received remuneration. This behavior is wrong and violates party discipline. I really regret it!" This is the original station of Guoshu Station, Chiping District Forestry Service Center, Liaocheng City, Shandong Province The confession made by Chang Jia Moumou in the face of the investigation.

  Earlier, the Chiping District Commission for Discipline Inspection and Supervision received reports from the masses that Jia Moumou had been working part-time in an agricultural technology company in Chiping District for a long time and received double wages.

According to the clues reflected in the report, the Chiping District Commission for Discipline Inspection and Supervision quickly established an investigation team to verify.

With the deepening of the investigation, the problem of Jia Moumou's illegal part-time work in the company gradually surfaced.

  According to the case investigators, after graduation, Jia Moumou was assigned to work at the former government forestry station of Fengguantun Township, Chiping County, and was later transferred to the former county forestry bureau, and later became the head of the fruit tree station.

At the beginning of 2016, a former Chiping County Agricultural Technology Co., Ltd. began to raise pear seedlings. Yuan Moumou, the general manager of the company, proposed to hire Jia Moumou as the company's technical staff, and promised to give corresponding remuneration.

  At first, Jia Moumou refused Yuan Moumou's invitation.

However, in the face of Yuan Moumou's many warm invitations, Jia Moumou's mentality changed, and the string of discipline gradually relaxed.

"Relying on one's own labor for remuneration, there should be no accident." With this idea in mind, Jia Moumou agreed to Yuan Moumou's invitation and started a part-time remuneration model of "shuttle" between his own job and part-time job.

From March 2016 to July 2017, Jia Moumou worked part-time as a technician in two companies of Yuan Moumou and received a salary of 23,000 yuan.

  Delusional "two ends", and finally "two ends empty."

In the end, the Chiping District Commission for Discipline Inspection and Supervision gave Jia a warning within the party.

  "Is this supervising engineer certificate yours? Why is it placed in this supervising company, and does this company pay you?"

  "In 2007, after I took the supervising engineer certificate, I have been in this company, and they will pay me several thousand yuan every year. I know that this kind of behavior is a part-time job with a certificate, but I was lucky and always thought that I would not be punished. Found..." In February this year, when the case investigators of the Disciplinary and Supervision Commission of Guannan County, Jiangsu Province verified a clue to the problem at the county's transportation bureau, the staff member Zhang took the initiative to explain the relevant problems.

  After retrieving the accounts of the company where Zhang was registered, the investigators found that in addition to Zhang, there were 7 other public officials who put their professional qualification certificates in the company for part-time work, and each received 6,000 yuan per year. ”, and some of them have been listed for more than ten years.

  After the initial verification conversation, Zhang and other 8 confessed to their behavior of getting paid by submitting certificates, and expressed their willingness to voluntarily surrender the proceeds of violation of discipline.

Eight people including Zhang have been put on file for review by the Guannan County Commission for Discipline Inspection and Supervision.

  "In response to the problems found in the investigation and handling of the case, the County Commission for Discipline Inspection and Supervision has carried out a special rectification of part-time and part-time remuneration in the county, using big data analysis, reviewing relevant company ledgers, visiting and understanding the county's 'suspected' The list of registered certificates will be further investigated and screened." The relevant person in charge of the Guannan County Commission for Discipline Inspection and Supervision told reporters that so far, more than 80 related units and enterprises have been investigated, and 292 people suspected of "remuneration by hanging certificates" have been identified, of which 21 people were given conversation reminders and 8 were punished by party discipline.

  Illegal part-time jobs for remuneration can easily lead to power and money transactions and transfer of benefits, resulting in unequal competition among normal market players

  "Part-time jobs for party members and public officials in violation of regulations can easily lead to power and money transactions and transfer of benefits, leading to corruption. At the same time, party members and cadres violate regulations to hold part-time jobs and participate in business activities, which will also lead to unequal competition among normal market players. Disrupting the normal competition order." said Wang Chaohui, a cadre of the Hangzhou Municipal Commission for Discipline Inspection and Supervision, Zhejiang Province.

  During the interview, the reporter learned that in practice, the cases of party members and cadres taking part-time jobs in violation of regulations are mainly divided into four categories.

  "Certificate for Remuneration".

Individual party members and cadres illegally attached professional titles, professional qualification certificates, etc. to the name of the non-service enterprise, and actually did not work in the attached enterprise to obtain remuneration in violation of regulations.

  Part-time job.

Individual party members and leading cadres violated relevant regulations by taking part-time jobs in economic entities, social groups, and other units to receive remuneration, or approved part-time jobs but violated regulations.

  Retired part-time.

After individual party members and leading cadres retire, they can accept part-time employment and part-time jobs in enterprises within the jurisdiction of their original positions and within their business scope.

  Retirement.

Some party members and leading cadres have violated regulations to take jobs in economic organizations, social organizations and other units after retirement, receiving corporate salaries and retaining various treatment from party and government agencies.

  It is worth noting that with the deepening of comprehensive and strict governance of the party, some "amphibious cadres" have begun to put on "invisibility cloaks", and the form of violations has become more subtle.

  "In the process of handling the case, we found cases of 'part-time jobs in disguised form', such as the spouses, children and their spouses of individual party members leading cadres and other relatives who did not actually work but received salaries, and party members and cadres adopted an attitude of acquiescence and connivance; , children and their spouses and other direct contacts have been transformed into distant relatives; from affiliation and free pay to arranging employment and receiving salaries higher than those of the same rank.” Director Chu Fang said that there is still a phenomenon of "option corruption" in the illegal part-time work. After retiring or leaving the company, he will get high remuneration by working in the company and working in the company."

  For example, in the case of Luo Xusheng, the former member of the party committee, vice chairman, and general manager of Hangzhou Industrial Investment Group Co., Ltd., who committed serious violations of discipline and law, Luo Xusheng took advantage of his position to seek huge benefits for a holding company.

Zhang Moumou, the chairman of the holding company, thanked Luo Xusheng and promised that he would receive 3 million yuan in "settlement allowances" after he resigned to work in his own company.

In June 2018, Luo Xusheng resigned from public office to work in the company, and actually received 2.61 million yuan in "settlement allowances".

On November 5, 2020, Luo Xusheng was sentenced to 12 years in prison and fined 1.5 million yuan for the crime of abusing power and accepting bribes by state-owned company personnel.

  "This kind of behavior is undoubtedly an impact on social fairness and justice. It not only damages the interests of the masses, but also affects the image of the cadres." Lin Yiyan, director of the Fifth Disciplinary Inspection and Supervision Office of the Commission for Discipline Inspection and Supervision of Mawei District, Fuzhou City, Fujian Province, said.

  There are both subjective reasons for deviations in thinking, "taking advantage of loopholes" and "striking edge balls", as well as factors such as lack of supervision and management, loss of control and out of control.

  A number of discipline inspection and supervision cadres told reporters that the reason for the frequent occurrence of illegal part-time remuneration problems is that some party members, cadres and public officials have unrighteous views, lack of integrity and self-discipline, and weak awareness of discipline and law.

  "To be honest, I really felt wronged at first, but now I look back on it, because I relax and study, and my understanding of relevant policies is biased... When people retire, their minds cannot be retired, and the red line of party discipline cannot be forgotten. I sincerely accept it. Organizational treatment of me." Liu Moumou, a retired political and legal cadre from Bortala Mongolian Autonomous Prefecture, Xinjiang Uygur Autonomous Region, said when he signed the transcript of the conversation.

  According to the relevant person in charge of the Bortala Mongolian Autonomous Prefecture Commission for Discipline Inspection and Supervision, Liu Moumou was a party member and leading cadre at the division level when he was in office.

Liu Moumou was finally warned and punished by the party, and turned over all the 370,000 yuan in compensation.

  "According to relevant regulations, retired (retired) leading cadres who are working abroad for part-time jobs must be filed with the relevant departments according to the cadre management authority and approved for approval. Part-time jobs are not allowed to receive remuneration, bonuses, allowances and other remunerations and other additional benefits, nor may Receiving subsidies in various names, etc.” said the relevant person in charge of the Disciplinary and Supervision Committee of Bortala Mongolia Autonomous Prefecture, “The failure to keep up with the supervision and management of retired party members and the lack of self-discipline are important reasons for the problem. We will strengthen supervision and inspection in the future. , and deal with the cadres who violated the regulations and work part-time in the company."

  Why are part-time jobs still regulated after retirement?

In fact, after party members and leading cadres resign, their original powers or positions will still have an impact within a certain scope and period. Therefore, if party members and leading cadres engage in labor activities after leaving their jobs that are directly related to their original work within a certain time limit, they will Involve the interests of their original authority or status.

  Objectively speaking, since there is still room for rent-seeking or realization of power, some leading cadres of party members "take advantage of the loopholes" and "play side-balls", and regard illegal positions and part-time jobs as "ladders across the wall" for rent-seeking or realization of power.

  With the continuous improvement of the system and norms for party members and leading cadres to hold positions and part-time jobs, a small number of party members and cadres have gradually shifted from holding positions and part-time jobs in economic organizations such as companies and enterprises to working in social organizations such as associations and foundations.

In addition, the form of illegal remuneration has also become more concealed, from directly receiving remuneration to receiving remuneration in the name of subsidies such as communication subsidies, transportation subsidies, and catering subsidies, or in the name of consulting fees and consulting fees.

In response to this problem, Xu Tengxiang, deputy director of the Second Disciplinary Inspection and Supervision Office of the Xihu District Commission for Discipline Inspection and Supervision of Hangzhou City, believes that it is necessary to continuously strengthen the system construction that regulates the appointment and part-time jobs of party members and leading cadres.

  At the same time, it is also very important to strengthen the strict management of party members and cadres' appointments and part-time jobs.

"Especially in recent years, there have been frequent cases of retired (leaved) leading cadres using illegal positions and part-time remuneration to realize power realization. Out of control is also one of the important reasons." Xu Tengxiang said.

  Polish the supervisory probe, perform supervisory responsibilities, and strictly manage the part-time work of public officials for remuneration

  Party members and cadres violate the regulations to take part-time jobs, making them possible to use their power or work for public and private use, harming public and private interests, and causing corruption.

In recent years, the central government has issued three orders and five applications to prohibit party members and leading cadres from illegally working part-time or part-time jobs in economic organizations for remuneration.

  Article 94 of the Regulations on Disciplinary Actions of the Communist Party of China clearly lists "violating relevant regulations to take part-time jobs in economic organizations, social organizations and other units, or to obtain additional benefits such as salary, bonuses, allowances, etc." as a disciplinary violation. , in accordance with the violation of relevant regulations to engage in profit-making activities.

Article 36 of the Law of the People's Republic of China on Administrative Sanctions for Public Officials also stipulates that those who violate the regulations by engaging in or participating in for-profit activities, or taking part-time positions and receiving remuneration in violation of the regulations, shall be warned, demerited or demerited; , be demoted or dismissed; if the circumstances are serious, be dismissed.

  "There should be two ways to make money for officials. This should become a consensus. If you want to occupy both ends, you must be empty. Leading cadres who violate the regulations and part-time jobs should be alerted as soon as possible. Those who violate the regulations should take the initiative to explain to the organization and refund the gains. Those who wait and see should I am afraid and take it as a warning," said Song Wei, director of the Integrity Research Center at the University of Science and Technology Beijing.

  Strictly control the chaos of part-time jobs of public officials. Disciplinary inspection and supervision organs must polish their supervisory probes, perform supervisory responsibilities, and resolutely investigate and punish those who violate discipline, manage while committing crimes, and fail to change after repeated teachings. Those who perfunctory, shirk the blame, and falsify must be held accountable seriously.

  In response to the problem of illegal part-time remuneration, the discipline inspection and supervision committees at all levels have attacked and strictly rectified.

  Focus on the issue of part-time remuneration for party members and cadres who are "licensed".

Since the beginning of this year, the Commission for Discipline Inspection and Supervision of Jiaojiang District, Taizhou City, Zhejiang Province has played a "combination punch" to resolutely investigate and correct the problem of "remuneration" by public officials.

The District Commission for Discipline Inspection and Supervision uses big data to screen and compare data such as social security payment and certificate issuance of public officials in the district to improve the efficiency of supervision and discipline enforcement.

  The Disciplinary Inspection and Supervision Team of Liuzhou Municipal Commission for Discipline Inspection and Supervision of Guangxi Zhuang Autonomous Region in the Municipal Housing and Urban-rural Development Bureau has carried out special treatment of violations and illegal acts such as professional qualifications of professional and technical personnel and professional titles "certified" for supervision units.

In response to the problems found in the special governance, the disciplinary inspection and supervision team comprehensively analyzed and judged the causes of the problems, issued supervision proposals to relevant units, strengthened the source control, and eliminated the soil for public officials to “receive evidence” in violation of regulations.

  Strengthen the supervision and management of party members and cadres, especially resigned and retired cadres.

The Xuyi County Commission for Discipline Inspection and Supervision of Jiangsu Province focused on issues such as part-time remuneration, business profit, shareholding cooperation, loan interest collection, option trading, etc. On the one hand, it insisted on moving the supervision threshold forward, using scientific and technological means to conduct accurate verification of personal matters related to leading cadres, especially resigning and retired cadres, and doing in-depth, practical and detailed daily supervision.

  Strengthen daily education management and supervision.

The Commission for Discipline Inspection and Supervision of Xiuyu District, Putian City, Fujian Province actively carried out special warning education on part-time remuneration for party members and cadres. By using people and things around them to clarify discipline, let cadres be alerted, understand the bottom line, and be in awe; the Supervisor of the Disciplinary Committee of Yuhuan City, Zhejiang Province The Commission included the report form and letter of commitment on the self-examination and self-correction of public officials in violation of regulations and part-time jobs into the integrity files of party members and leading cadres, as an important basis for handling violations of regulations and disciplines.