● The report of the 20th National Congress of the Communist Party of China proposed to seriously investigate and deal with the corruption of leading cadres’ spouses, children and their spouses and other relatives and staff around them who use influence for personal gain, insist on investigating both bribery and bribery, and punish new types of corruption and hidden corruption

  ● New types of corruption fall more into the category of “incremental corruption”.

On the one hand, the new type of corruption is a type of corruption bred under the new situation, which is different from the traditional corruption in the past;

  ● Governance of new types of corruption requires innovative anti-corruption thinking. We must not only adhere to a zero-tolerance attitude towards new types of corruption, insist on using reform strategies to solve new types of corruption, but also use modern scientific and technological means to rectify new types of corruption, and use legal thinking and methods to oppose new types of corruption

  □ Reporter Chen Lei

  Recently, the website of the National Commission for Discipline Inspection of the Central Commission for Discipline Inspection released the "Notice of the Central Commission for Discipline Inspection of the Communist Party of China on Conscientiously Studying, Propagating and Implementing the Spirit of the 20th Party Congress", emphasizing that "insist on investigating both bribery and bribery, and punish new types of corruption and hidden corruption."

  An anti-corruption research expert interviewed by a reporter from the "Rule of Law Daily" pointed out that the term "new type of corruption" was first mentioned at the Fifth Plenary Session of the 19th Central Commission for Discipline Inspection, and was put forward alongside "hidden corruption" in the report of the 20th Party Congress.

It is foreseeable that in the next five years, the Central Commission for Discipline Inspection and the National Supervisory Commission will place "punishing new types of corruption and hidden corruption" in a prominent position.

  Experts believe that the new type of corruption falls more into the category of "incremental corruption".

On the one hand, the new type of corruption is a type of corruption born in the new situation, which is different from the traditional corruption in the past;

Therefore, the governance of new-type corruption requires innovative anti-corruption ideas. We must not only adhere to a zero-tolerance attitude towards new-type corruption, insist on using reform strategies to solve new-type corruption problems, but also use modern scientific and technological means to rectify new-type corruption, and use rule of law thinking and methods to oppose new-type corruption.

  Traditional corruption intertwined with new corruption

  Corruption is more hidden and complex

  Back in January 2021, the Fifth Plenary Session of the 19th Central Commission for Discipline Inspection pointed out that since the 18th National Congress of the Communist Party of China, although historic achievements have been made in building a clean and honest government and fighting corruption, the situation is still grim and complicated.

One of the manifestations is that "traditional corruption and new corruption are intertwined, and corruption is more hidden and complex."

  In March 2021, the website of the Central Commission for Discipline Inspection and the National Supervisory Commission issued a notification that Zhu Huimin, the former party secretary and chairman of China Everbright Industrial (Group) Co., Ltd., was expelled from the party and public office.

  What is particularly noteworthy is that the report stated that Zhu Huimin "is a typical example of the intertwining of political and economic issues, of traditional corruption and new corruption, and of corruption and injustice."

  Zhu Huimin, born in 1966, joined Everbright Bank Zhengzhou Branch in January 2000 and has been working in Everbright System for 20 years. , In June 2018, he served as Secretary of the Party Committee and Chairman of China Everbright Industrial (Group) Co., Ltd.

In September 2020, Zhu Huimin was investigated for serious violations of discipline and law.

  In February of this year, an article published on the website of the Central Commission for Discipline Inspection and the National Supervision Commission stated that Zhu Huimin intervened in private enterprise investment projects by using approval loans, investing in companies, and providing financing, and adopted a legal "cloak" of investing in the companies involved in the case. To seek huge profits, accept bribes in the name of investment, and the means are concealed.

  In addition, when he used power for personal gain, he often used professional operations to cover loans, financing, and investment behaviors with legal and legal "cloaks", involving dozens of relatives who held on behalf of relatives and nearly a thousand hidden capital accounts, and the relationship between capital transactions was complicated.

  In April of this year, the website of the Central Commission for Discipline Inspection and the National Supervision Commission also published typical cases of hidden and new types of corruption that Hunan provincial discipline inspection and supervision agencies have strictly investigated.

  From 2004 to 2015, Li Xiaohong took advantage of the convenience of his position, power or status to help private entrepreneur Hou Mou to seek benefits in matters such as deed tax reduction and exemption, and obtaining bank loans.

In order to obtain and thank Li Xiaohong for his help, Hou agreed with him to give benefits in the form of "return on investment".

  The report of the 20th National Congress of the Communist Party of China proposed to seriously investigate and deal with the corruption of leading cadres' spouses, children and their spouses and other relatives and staff around them who use their influence for personal gain, insist on investigating both bribery and bribery, and punish new types of corruption and hidden corruption.

  According to Peng Xinlin, a professor at the Law School of Beijing Normal University, this sends a strong signal to resolutely win the protracted battle against corruption in the new era and new journey.

  "Under the background of not daring to be corrupt, not being able to be corrupt, and not wanting to be corrupt, and the anti-corruption struggle has won an overwhelming victory and is fully consolidated, there are still some corrupt elements who do not restrain themselves, do not stop, and do not know how to stop. Corruption and hidden corruption, this fully shows that as long as the soil and conditions for corruption problems exist, the fight against corruption will always be on the way, and the punishment of new types of corruption and hidden corruption must be placed in a prominent position in the future." Peng Xinlin said.

  Zhuang Deshui, deputy director of the Research Center for Clean Government Construction of Peking University, believes that from the fifth plenary session of the 19th Central Commission for Discipline Inspection, which first proposed to punish new types of corruption, to the report of the 20th National Congress of the Communist Party of China, it means that this will become the future. One of the key points of anti-corruption work in the past five years also means that the problem of new-type corruption and hidden corruption is relatively serious and complicated, and needs to be solved from the perspective of the overall anti-corruption strategic deployment, so as to resolutely win the protracted battle against corruption.

  means stealth mutation refurbishment upgrade

  Still trading power for money and using power for personal gain

  Zhao Yong, the former secretary of the party committee and president of Tianjin Branch of China Guangfa Bank, used his position and influence to buy houses at low prices; Hou Hua, the former deputy secretary of the party group of the Suzhou CPPCC in Anhui Province, obtained large returns through private loans in violation of regulations; former member of the Standing Committee of the Guangzhou Municipal Committee and former executive deputy city Long Su Zequn, after retirement, he accepted property from others in the name of providing consulting services...

  After sorting out the notification information in the inspection and investigation column of the website of the Central Commission for Discipline Inspection and the National Supervisory Commission, such terms appear from time to time.

  In this regard, the website of the Central Commission for Discipline Inspection and the State Supervision Commission published an article summarizing the situation of the hidden mutation, renovation and upgrading of corruption methods:

  ——Some use "shadow companies" and "shadow shareholders" to arrange relatives to act as "puppets in front of the stage" to collect and hold shares for profit.

  ——Some use "options" to realize profits, and reach a tacit agreement with unscrupulous businessmen. When doing things, they make verbal agreements and tacit understandings, and cash them out when necessary or after retirement.

  ——Some use "elegant beauty" and "elegant bribery" to make profits, accepting cultural relics, calligraphy and paintings, handicrafts, or high-priced "consulting fees" and "evaluation fees."

  ——Some put on "invisible cloaks" and amassed money wantonly under the guise of "borrowing", "investing" and "entrusting financial management".

  Peng Xinlin believes that compared with traditional corruption, new methods of corruption are more concealed, complex, and diverse. Corruption methods are increasingly invisible, mutated, refurbished and upgraded, and rarely manifested as direct power-for-money transactions, but mainly manifested as market transaction-type corruption, Putting on a "legal" cloak of corruption, indirect bribery-type corruption, profit-transferring-type corruption, using influence-type corruption, setting up a "firewall" type of corruption, power-trading type of corruption, and "borrowing chickens to lay eggs" type of corruption, etc.

  In Zhuang Deshui's view, new types of corruption have specific behavioral characteristics and occurrence rules.

  Zhuang Deshui observed that, from the perspective of occurrence characteristics, the new type of corruption is concealed.

In order to cover up the facts of power-money transactions, corrupt subjects use various names, especially market transactions, to downplay the nature of power-money transactions.

For example, Li Lei, the former director of the Energy and Circular Economy Department of the Shenzhen Municipal Development and Reform Commission, approved the support funds and purchased the original stock, and signed the original stock entrusted shareholding agreement in the name of his wife.

  "The new type of corruption is deceptive. Corrupt subjects take advantage of loopholes in the system and supervision, or secretly change concepts, or embezzle new ideas, and use their powers to indirectly seek benefits." Zhuang Deshui said. The properties are registered in the names of his family members and even salespeople.

In addition, new types of corruption are optional.

  Zhuang Deshui believes that, in the final analysis, the essence of the new type of corruption is still the transaction of power for money.

  "No matter how the new type of corruption exists, or how the external form of corrupt interests changes, it is still using power for personal gain in essence. It is more harmful, has a longer incubation period, and is difficult to investigate, collect evidence and investigate." Peng Xinlin said. .

  In Zhuang Deshui's view, the new type of corruption falls more into the category of "corruption increment".

On the one hand, the new type of corruption is a type of corruption bred under the new situation. It is different from the traditional corruption in the past, and its harm is more severe and the incubation period is longer; Don't restrain yourself, don't stop, and commit crimes against the wind.

  Using technology to tackle new forms of corruption

  Form a normal long-term supervision force

  The report of the 20th National Congress of the Communist Party of China made a strategic plan for punishing new types of corruption and hidden corruption. How to implement it?

  In Peng Xinlin's view, it is necessary to maintain a clear understanding of the punishment of new types of corruption and hidden corruption, that is, under the severe and complicated situation of the anti-corruption struggle, there are new phased characteristics and changing trends.

In the face of new types of corruption and hidden corruption, the anti-corruption struggle cannot be accomplished overnight, nor will it be done once and for all. It should be persevering and unremitting. Psychological preparation for a protracted battle against corruption.

  In Zhuang Deshui's view, the governance of new types of corruption requires innovative anti-corruption work ideas, first of all, we must adhere to a zero-tolerance attitude towards new types of corruption.

To implement "zero tolerance", on the one hand, we must focus on eradicating the soil on which the new type of corruption depends, digging deep into the economic and political factors behind the new type of corruption, cutting off the channels for the use of power for personal gain and the transfer of benefits, and reducing the corruption space for power rent-seeking; on the other hand It is necessary to highlight the key areas of anti-corruption and make party regulations and laws a "charged high-tension line."

  In terms of strategy, Zhuang Deshui suggested that we must persist in comprehensively deepening reforms to solve new corruption problems.

At present, it is necessary to integrate the construction of the party's work style and clean government and anti-corruption work into the comprehensive deepening of reforms to effectively ensure the smooth progress of reforms, and through comprehensive deepening of reforms, we must minimize institutional obstacles to anti-corruption, institutional obstacles and other issues.

  "Promote the reform of the discipline inspection system, the reform of the national supervision system, and the reform of the discipline inspection and supervision institutions in an integrated manner, promote the coordination of discipline supervision, supervision supervision, stationed supervision, and patrol supervision, and strengthen the full coverage of supervision of public power and public officials." Zhuang Deshui said.

  Peng Xinlin suggested that we continue to deepen the reform of the discipline inspection and supervision system, promote the reform of the party's discipline inspection system, the reform of the national supervision system, and the reform of the discipline inspection and supervision institutions, and remove the untimely and low-quality institutional obstacles, institutional obstacles, and blockages that restrict overall planning. Difficulties, and solidify the reform results in a timely manner.

Continuously improve the supervision system of the party and the state, enhance the effect of restriction and supervision on the exercise of power, and form a comprehensive, normal and long-term supervisory force.

  In terms of means, Zhuang Deshui believes that modern technology must be used to deal with new types of corruption.

For example, establish a database of corruption cases, study the law of the occurrence and development of new types of corruption, deeply analyze the whole process of power operation, establish a feedback mechanism that can query and trace power, and strengthen the restriction and supervision of power operation.

Break the "information island", build a big data sharing cloud, share government information resources at all levels vertically, and share judicial, taxation, transportation, financial and other information horizontally, and use data correlation to monitor and evaluate corrupt transactions.

  "It is necessary to adapt to the characteristics of new types of corruption, as well as the practical difficulties faced by the current law application, supervision and law enforcement, and improve the anti-corruption legal system as soon as possible. Clean up the current anti-corruption laws and regulations, and establish an anti-corruption laws and regulations system with Chinese characteristics " Zhuang Deshui said.

(Source: Rule of Law Daily)