Pay close attention to the fact that the "legal" coat can not hide the power and money transaction
2021-12-15
Transactional bribery presents the characteristics of diversity and concealment The coat of "legality" can not hide the reality of power money transaction Li Lingna, website of the Central Commission for Discipline Inspection and the State Supervision Commission Under the designated jurisdiction of Baicheng Discipline Inspection Commission of Jilin Province, the Discipline Inspection Commission of Zhenlai County filed a case for review and investigation on Ju Wancheng's suspected serious violation of discipline and law. The picture shows members of the Ju Wancheng case task force studying the case. Photo by Wang Honghe Zhao Yong, former party secretary and President of Tianjin Branch of Guangdong Development Bank, used his position to influence low-cost house purchase; Liu Guoqiang, former deputy secretary of the Party group and vice chairman of the CPPCC Liaoning Province, purchased real estate at a price significantly lower than the market price; Su Zequn, former member of the Standing Committee of the Guangzhou municipal Party committee and former executive vice mayor of the Guangzhou municipal government, received other people's property in the form of low-cost house purchase or in the name of providing consulting services after retirement... Combing the review and investigation column of the website of the Central Commission for Discipline inspection and the State Supervision Commission, the reporter found that the expression of "low-cost house purchase" in the notice appeared from time to time. "Low price house purchase" on the surface is a market transaction, behind which is interest transmission and power money transaction. Under the high-pressure situation of punishing corruption, some means of corruption have changed, and there has been a power money transaction under the cover of civil behavior - transactional bribery. Compared with the traditional form of power money transaction, it shows the characteristics of diversity and concealment. How should we deal with these problems in the name of market trading and the reality of exercise money trading? Cover up the fact of illegal bribery through seemingly legitimate trading means Replace the self used Volkswagen tuang with a brand-new Toyota Senna; The Volkswagen Tiguan used by his wife and the BMW X1 and Porsche Micah used by his daughter were sold at a doubled price; In the past three years, Ju Wancheng, former party secretary and director of Da'an Transportation Bureau, Jilin Province, traded the old for the new, traded the small for the big, bought low and sold high, and was suspected of accepting bribes of more than 2 million yuan through transactions. Under the jurisdiction designated by Baicheng Discipline Inspection Commission, Zhenlai County Discipline Inspection Commission investigated Ju Wancheng's suspected serious violation of discipline and law. "Usually, some operators of construction and transportation enterprises like to surround Ju Wancheng. Because there are benefits to be found, a 'circle' has formed over time. People in the circle call him the boss, and he also enjoys this feeling." According to the investigators, Ju Wancheng frequently exchanged or traded his house and car at a price much higher than the market price with people in the "circle" who asked him for power realization, and covered up the fact of accepting bribes through this seemingly legitimate trading means. In January this year, the people's Court of Zhenlai County, Jilin Province ruled that Ju Wancheng received more than 2.5 million yuan in bribes by replacing houses, cars and car transactions, accounting for nearly one third of Ju Wancheng's personal bribes. Yu Shengnan, a cadre of the Publicity Department of Baicheng Municipal Commission for Discipline Inspection and supervision, told reporters that Ju Wancheng's case has been included in the warning education film "warning on the use of power". The Municipal Commission for Discipline Inspection and supervision carried out warning education for Party members and cadres in the city to prevent such problems from happening again. Transactional bribery is one of the new ways of bribery in recent years. From the formal point of view, there are market transactions between banks and bribes, but in fact, it obviously violates the law of market transactions and the basic principle of equivalent exchange. In the final analysis, market trading is just a cover, and its essence is power money trading. According to Article 1 of the opinions on Several Issues concerning the application of law in handling criminal cases of bribery issued by the Supreme People's court and the Supreme People's Procuratorate, transactional bribery refers to the behavior that state functionaries take advantage of their position to seek benefits for the client, so as to accept others' property by buying at a low price, selling at a high price or in the form of other price difference transactions. The amount of transactional bribery shall be calculated according to the difference between the local market price and the actual payment price at the time of transaction. The market price includes the minimum preferential price set in advance by commodity operators and not for specific people. 2. Buy at a low price, sell at a high price, exchange the old for the new, and renovate the forms of expression I have no intention to buy a house. Why does the house price get higher and higher when the price is cut? "I heard that someone sold the house to the management service object, and the price can be higher." Under the influence of this idea, Zhu Chunxia, former Deputy customs director and researcher of Suzhou Industrial Park customs in Jiangsu Province, found ye, general manager of an information technology Co., Ltd. Zhu Chunxia once took advantage of her position to accept the entrustment of Ye and seek benefits for her company in terms of information system promotion and business support. Zhu Chunxia did not avoid it. She directly told ye that she had a second-hand house to sell and asked if she was willing to buy it. At this time, the house of the same house type in the same community has just been sold for 2.5 million yuan, while Zhu Chunxia is ready to sell it for 3.8 million yuan. "Zhu Chunxia helped a lot in the development of the company, so when she proposed to sell her house, she promised no matter how much she asked." Ye said that he expressed his willingness to buy on the spot. In fact, he wanted to take the opportunity to buy a house to give money. In view of the direct transaction at the price proposed by Zhu Chunxia, it is suspected that buying a house from her will transfer interests, so they found a real estate agent to operate the house purchase. When the two sides "bargain", ye first raised the house price from 3.8 million yuan to 4 million yuan. Considering the unnatural integer transaction, the two sides negotiated to set the price at 3.98 million yuan, and ye directly paid 2 million yuan as an advance payment. However, things were not smooth sailing. Affected by the purchase restriction policy at that time, the buyer found by ye did not have the qualification to buy a house. Subsequently, ye found Zhu Chunxia and told her that she was unable to buy a house due to the buyer's reason. She didn't have to pay the deposit, and made up a deposit slip for Zhu Chunxia to continue to cover up the power money transaction. Such a transaction, Zhu Chunxia's house is still in hand, but she got a "liquidated damages" of 2 million yuan. At first, the transactional bribery in the form of selling houses at high prices has evolved into transactional bribery using the liability for breach of contract. Combing the cases investigated and dealt with in various places in recent years, from the manifestation of the transaction, in addition to "selling at a high price" like Zhu Chunxia, there is also "buying at a low price". Jiang Dechuan, former party secretary of Fengcheng Town, Fengxian District, Shanghai, and the other two "fought" for a low-cost house purchase. The difference between the market price of the four houses and the actual payment price was more than 3.87 million yuan. Others are "trade in". During his tenure as deputy director of the Research Office of Xuzhou people's Procuratorate in Jiangsu Province, Yang Shangchun took advantage of his power and position to replace a van worth 42000 yuan with an air conditioning manufacturer and received a brand-new car worth 139000 yuan from Chen, the legal representative of the enterprise. Some even take advantage of their position to carry out compulsory apportionment. Yan jingshuo took advantage of his position as deputy county head of Donghai County People's government and director of the County Public Security Bureau in Jiangsu Province to provide assistance for Tan, project leader of a construction engineering group in Jiangsu Province, and Xu, shareholder of a construction and Installation Engineering Co., Ltd. in project undertaking and project payment. They had sent money to Yan jingshuo, but Yan jingshuo confiscated it. In order to get the money back, Yan Jingshuo told two people that their brothers were selling Baijiu liquor, so that they could buy liquor to "support and support". After the "transaction", Yan Jingshuo accepted the 240 thousand yuan of Tun Mou and 180 thousand yuan Xu by the way of apportionment baijiu. Driven by interests, some people smell "business opportunities" and "make a profit" by buying and selling. Wen Min, former director of the office of science, technology and industry for national defense and former deputy director of the Commission of economy and information technology of Inner Mongolia Autonomous Region, successively sold 14 sets of real estate by means of "moving around, buying low and selling high", making a profit of nearly 10 million yuan. Among his dozens of properties, except for a small part from direct demands, most properties have a common feature, that is, they use their authority to operate through others, buy low and sell high for profit, mixed with demands, loans, top accounts, replacement, decoration, payment by others, etc. 3. Under the disguise of "replacing bribes with purchases", it is more difficult to investigate and deal with violations of discipline and law After the first instance judgment, Zhu Chunxia appealed. For the "liquidated damages", Zhu Chunxia and her defenders put forward the appeal reasons and defense opinions that "the first instance judgment found that Zhu Chunxia's acceptance of 2 million yuan from ye in the name of house sales constituted improper bribery. This fact is the house purchase advance paid by legal house purchase behavior and should not be recognized as bribery". Bao Zheng, deputy head of the discipline inspection and supervision team of Suzhou Municipal Commission for Discipline Inspection and supervision in the Municipal Bureau of housing and urban rural development, was once one of the investigators of Zhu Chunxia's case. In his opinion, it is difficult to investigate and deal with such transactional bribery cases. More attention should be paid to the qualitative, evaluation and amount determination of transactional bribery cases. After study and judgment, the investigators broke through Zhu Chunxia's case through several "unreasonable". For example, the relationship between Zhu Chunxia and ye originally belongs to the relationship between national staff and management service objects. Ye has no intention to buy a house, but has become a behind the scenes buyer; The house price agreed by the buyer and the seller is significantly higher than the market price; After bargaining, the more "cut" the higher the house price. In order to hide people's eyes and ears, some state functionaries take advantage of their positions to make profits for the trustee, do not directly accept the trustee's property, but encourage or acquiesce in the trustee's transaction with a third person, and use the third person as the link for the turnover of property. This kind of transactional bribery adds an intermediate link, which is actually a cover for accepting money. Ye added an intermediate link, and the buyer he found was the "third person" between him and Zhu Chunxia. The court held that the "advance payment" of 2 million yuan received by Zhu Chunxia was a bribe given by Ye when she did not meet the conditions for house purchase. Finally, the higher people's Court of Jiangsu Province ruled that it rejected the appeal and upheld the original judgment. Coincidentally, Li Zhiling, former director of the issuance Supervision Department of the CSRC, took advantage of her position to provide help for the refinancing of a group's subordinate companies. Together with her specific stakeholders, she accepted bribes totaling 28.6507 million yuan from a group by selling traditional Chinese paintings, oil paintings, porcelain and other items to a group at a price significantly higher than the market price. Experts said that although the judicial interpretation has made relevant provisions on such bribery crimes, there are still some disputes in practice. For example, in terms of market price determination, it involves the determination of market price in the new commodity trading market, the determination of market price of second-hand commodities, the determination of market value of special real estate, etc. Transactional bribery mostly targets houses, cars and other items, but after the emergence of more complex transaction forms such as the transfer of company shares, celebrity calligraphy and painting, antiques and so on, the difficulty of price identification increases. The opinions on Several Issues concerning the application of law in handling criminal cases of bribery stipulates that "those who buy goods at preferential prices do not belong to bribery". Individuals deliberately exploit loopholes to avoid investigation and punishment, and adopt the method of "small profit but quick turnover". They don't make much profit each time, but they have more frequency and longer time. Fu Xiaodong, a member of the supervision commission of Luoyuan County, Fujian Province, believes that some transactional bribery reflects a certain option in time, and it is more difficult to investigate and deal with discipline violations. The traditional bribery is only the acquisition of short-term interests. The briber and the bribe taker will generally trade power and money directly. With the development of economy and society, this way has been gradually changed. On the one hand, based on the need to obtain long-term interests, the two sides changed from short-term to long-term cooperation, and completed bribery through long-term cooperation, increasing concealment. On the other hand, bribers
Edit：Luo yu Responsible editor：Jia jia
Source：Website of the State Commission for Discipline Inspection of the CPC Central Committee
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