Insist on taking bribes and offering bribes, investigate and take measures at the same time, and cut off the hand of "hunting"
2021-10-19
Chongqing Jiangbei District Commission for Discipline Inspection and supervision insisted on fighting corruption with both fists, severely punishing bribery and making "poachers" pay a heavy price. The picture shows that the District Commission for Discipline Inspection and supervision organized party members and cadres to listen to the bribe takers' experience of being "hunted" and improve their awareness of prevention. Photo by Lin Lin Lishui Municipal Commission for Discipline Inspection and supervision has established a database of bribers, blacklisted bribers, implemented dynamic management and joint punishment. The picture shows the cadres of Qingyuan County Discipline Inspection Commission analyzing the case with the help of bribery personnel database information. Photo by Wu Huifen Current guests Hu Weibing, member of the Standing Committee of Changsha Municipal Party committee, Secretary of Changsha Municipal Commission for Discipline Inspection and acting director of Changsha Municipal Commission of supervision Fang Wenjun, member of the Standing Committee of Lishui municipal Party committee of Zhejiang Province, Secretary of the Municipal Commission for Discipline Inspection and director of the supervision committee Peng Chong, member of the Standing Committee of Chongqing Jiangbei District Party committee, Secretary of the District Commission for Discipline Inspection and director of the supervision committee Bribery by unscrupulous means "hunting" party members and cadres is an important reason for the current increase in corruption. The Fifth Plenary Session of the 19th Central Commission for Discipline Inspection called for the exploration and implementation of the blacklist system of bribers and the serious investigation and punishment of repeated and huge bribes. Local Discipline Inspection and supervision organs insist on investigating bribery together, take multiple measures and take comprehensive measures, work together with judicial organs, grasp the key points of punishment and crackdown, improve the accuracy and effectiveness of crackdown, constantly increase the scale to curb "hunting", and promote the realization of addressing both the symptoms and root causes of corruption. In practice, how to solve the imbalance between bribery and bribery? What are the measures to accurately punish bribery? We interviewed three heads of the local commission for Discipline Inspection and supervision. Deeply grasp the political harm of bribery, do not ignore bribery due to investigation and bribery, and do not create the illusion of innocence due to cooperation in obtaining evidence Reporter: for some time, there have been phenomena such as "emphasizing bribery and neglecting bribery" and "emphasizing investigation and neglecting disposal" in investigating and handling bribery cases. What are the reasons? Hu Weibing: the reason why the phenomenon of "hunting" occurs frequently is closely related to the imbalance of heavy bribery and light bribery. The reason is the deviation of the concept of handling cases. For example, it is one-sided that the primary task of anti-corruption is to investigate and deal with corrupt party members and leading cadres, and the briber is not the focus of investigation and punishment, which is usually treated as a witness; There are factors needed to break through the case. The crime of bribery is highly hidden and lenient within the scope allowed by laws and policies, which is conducive to urging bribers to truthfully confess and plays a certain role in breaking through difficult cases; Factors affecting social environment. The concept of human feelings is deeply rooted in the hearts of the people, and the society has a higher tolerance for bribers than bribes. Peng Chong: bribery is accompanied by bribery. If bribery is not investigated, bribery continues. The main reasons for investigating and handling bribery cases are that in the political position, we do not have a deep understanding of the political harm of bribery, resulting in insufficient investigation and punishment. For example, some people think that investigating bribery is only a subsidiary of handling bribery, and there is no need to make great efforts to investigate and deal with it; Some are suspected of long-term bribery, huge bribery, multiple bribery by many people and many heads and seeking huge illegal interests, and the investigation and punishment is still not enough. In investigating and handling cases, bribery forms are diverse and hidden, which increases the difficulty of investigation and handling. For example, some use legal means to cover up illegal purposes, some are no longer limited to the transmission of property interests, but take more hidden bribery means such as service-oriented bribery, consumption-oriented bribery and overseas transaction payment. In terms of investigation and evidence collection, it is relatively difficult to fix evidence and form a complete evidence chain. For example, it is difficult to maintain the stability of some verbal evidence, and it is difficult to collect and fix the evidence of "seeking illegitimate interests". In the follow-up disposal, there are some cases in the disposal of bribers due to their personal factors, bribery circumstances and attitudes, such as great discretion and randomness, difficult disposal, insufficient deterrent of punishment and so on. Fang Wenjun: bribery and bribery are like two "poisonous melons" on a vine. Only by adhering to the investigation of bribery and bribery together can we better deepen the anti-corruption struggle and solidly promote the healthy development of economy and society. In reality, there are still some phenomena, such as the lack of in-depth understanding and Research on the harm of bribery, and the failure to deeply understand the significance of investigating and dealing with bribery in promoting the "three noes" as a whole. In addition, illegitimate interests are the constituent elements of bribery crime, and its connotation and extension are vague. There are some differences and differences in how to punish bribery in various places, different investigation standards, and even the abuse of "lenient punishment" in some places. The above problems show that bribery and bribery must be investigated together, and bribery cannot be ignored due to the investigation of bribery, or even the illusion of innocence of bribery due to the need to cooperate with evidence collection. To build a chess game pattern of punishing bribery, we should not only pay attention to comprehensive investigation and punishment and joint punishment, but also pay attention to publicity and education guidance and comprehensive treatment, so as to continuously reduce the living space of bribery Reporter: it is difficult to investigate and deal with bribery due to the establishment of an offensive and defensive alliance, collusion in confessions, concealment and destruction of evidence, transfer of stolen money and goods, etc. What are the measures? Fang Wenjun: we take the method of simultaneous retention of bribe takers and bribe givers, so as to confirm the facts of violation of discipline and law, timely fix the key evidence, form an evidence chain and improve the handling efficiency of retention cases. In view of the problem that "the number of bribery investigations and punishments is significantly less than that of bribery investigations and punishments", we further established and improved the internal supervision and restriction mechanism for dealing with bribers, made it clear that the case handling department should accurately apply discipline and law, apply policies, put forward handling opinions and transfer them to the trial, and report them to the case supervision and management department for the record. In the case handling stage, the trial department shall try the bribery and bribery together, strictly investigate the serious cases, and transfer them to the judicial organ in time. In addition, we have explored and established a database of bribery personnel, blacklisted "hunting" party members and leading cadres and individuals with bribery, and implemented dynamic management and joint punishment. Joint punishment needs to further improve the cooperation mechanism. In the next step, we will formulate cooperation measures with relevant departments, strengthen the research and application of the existing legal system, and build connection mechanisms such as information notification, clue transfer, investigation feedback and coordination consultation between discipline inspection and supervision organs and relevant departments, so as to form a joint force for investigating and dealing with bribery. Hu Weibing: We comprehensively consider the political, disciplinary and social effects. According to the motivation, amount, times and consequences of the briber, we focus on investigating and dealing with bribery cases with large amount, many times, infringing on the interests of the people and strong social response, and constantly strengthen the use and implementation of property punishment and the recovery and recovery of stolen money. Since the reform of the supervision system, we have filed 138 criminal cases of bribery and confiscated 442 million yuan of illegal funds. Strengthen the connection between discipline and law and the connection between law and law, timely transfer the clues of bribers suspected of other violations and crimes found in the investigation to the public security and other departments for joint investigation, report the bribery situation to the competent functional units of the industry they are engaged in, and urge them to take disciplinary measures such as restricting bidding activities. At the same time, we have made great efforts in the word "prevention". Based on our functions and responsibilities, we urge to deepen the reform of decentralization, management and service, promote the operation of power in the sun, carry out special rectification in key areas such as engineering construction, issue positive and negative lists of political and business exchanges, standardize the supervision and law enforcement, and handle the reporting of business environment first and strictly. Punishing "hunting" cannot be carried out alone. We must further strengthen cooperation with relevant departments to form a joint force. Therefore, we should establish a unified online bribery archives and bribery information query system as soon as possible, improve the blacklist system, improve the mechanism for Discipline Inspection and supervision organs to inform relevant units, and improve the legal system of qualification restrictions on bribers. Peng Chong: in terms of punishment, we pay attention to comprehensive investigation and punishment and joint punishment, adhere to the main tone of strictness, and resolutely transfer those who should be seriously investigated for criminal responsibility to procuratorial organs for examination and prosecution according to law; Other crimes involving crimes not under the jurisdiction of the JISC shall be transferred to the organ with jurisdiction for handling according to law; Those who are party members or public officials shall be transferred to their units or Party organizations in time; Those who violate administrative laws and regulations shall be promptly transferred to the market supervision and other departments for administrative punishment, qualification restriction and other treatment according to law. In terms of prevention, we pay attention to publicity and education guidance and comprehensive treatment, and use organizations such as the cooperation area of discipline inspection and supervision organizations of financial institutions, various industry associations and chambers of Commerce to hold warning education on investigating and dealing with bribery. Pay attention to case analysis and carry out in-depth reform of governance, supervision, system and style with cases. To punish bribers, the key is to build a chess pattern of punishing bribes. Next, we should continue to refine and improve relevant systems and mechanisms, strengthen the comprehensive treatment of bribery crimes, strengthen cooperation against "hunting" with rigid systems, and eliminate corruption from the source. We should continue to expand the scope of cooperation units of the joint disciplinary mechanism, diversify the subjects of crime prevention and control, and reduce the space for power rent-seeking. We should continue to improve the liaison and connection mechanism of relevant units, eliminate differences in qualitative and disposal, and ensure perfect evidence collection and accurate legal application. Adhere to seeking truth from facts, make full use of policies and strategies, understand the principles of discipline and law, and prudently and steadily handle the relationship between strict investigation of bribery and protection of rights and interests Reporter: strictly investigating the objects of bribery and protecting the legitimate rights and interests of the persons and enterprises involved in the case according to law are the political requirements and the bottom line of the rule of law. How to implement the protection requirements while conducting strict investigation? Hu Weibing: in practice, we should adhere to the principle of seeking truth from facts and tempering justice with mercy, understand the principles of discipline and law, and prudently and steadily handle the relationship between strictly investigating bribery and protecting rights and interests. We should distinguish between the targets of attack, and resolutely crack down on key targets such as multiple bribes, huge bribes and bribes to many people. For example, when we investigated and dealt with the case of Liu, chairman of a state-owned enterprise in a city, we found that Gao, the briber, bribed him dozens of times, with an amount of tens of millions of yuan. We resolutely took retention measures against Gao, transferred him to the judicial organ and jointly punished him. We should make a distinction in taking measures. If the facts are clear and the evidence is conclusive, but they stubbornly resist and refuse to explain, they shall resolutely take measures, transfer them to justice and severely punish them according to law. For those who have a good attitude towards cooperating with the investigation, admitting their mistakes and repenting their mistakes and returning the stolen goods, they will be given lenient treatment according to law. For example, when investigating and dealing with the case of Peng, deputy head of a district, Yang, the briber, took the initiative to admit his mistakes and repent, and actively turned in the illegal income. After finding out the problem, he immediately lifted the lien measures and did not transfer it to the judicial organ, but handed it over to the relevant party organization to give him a punishment of staying in the party for two years. Peng Chong: in properly handling the relationship between investigation and protection, we should first carry out investigation and punishment in strict accordance with the provisions of Party discipline and state law, and accurately distinguish the crime and non crime, this crime and that crime, misdemeanor and felony, principal and accessory of the personnel involved in the enterprise in accordance with the principle of legally prescribed crime and no suspected crime, so as to ensure that the punishment should not be easily let go and the punishment should not be expanded at will. Secondly, we should comprehensively consider the subjective malignancy, nature and degree, occurrence field, historical causes, error recognition attitude and other factors, so as to achieve the combination of mercy and severity, prudent, stable and accurate disposal. Thirdly, we should pay attention to the standardization and impartiality of the investigation work itself, strictly grasp the application of relevant measures, carefully use the measures restricting personal rights and property rights according to law, prohibit the abuse of measures such as lien, search, technical investigation, exit restriction, detention and arrest, and prohibit the seizure, seizure and freezing of the property of the persons and enterprises involved in the case beyond the scope. Fang Wenjun: in practice, we should be more standardized and prudent in the investigation and handling of bribery cases involving enterprises, adhere to carrying out work in accordance with rules, discipline and law, strictly grasp policy boundaries and achieve
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