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Law

Pay close attention to the corruption behind the "revolving door" of politics and business

2022-05-30   

Zeng Changhong, the former first-class inspector of the Investor Protection Bureau of the CSRC, who was "running away from retirement and trying to evade supervision and regulation and continue to amass wealth wantonly", was expelled from the party; Xuepeiming, former vice mayor of Wulanchabu municipal government of Inner Mongolia Autonomous Region, who "took office in an enterprise in violation of regulations after retirement", was expelled from the party... Recently, the discipline inspection and supervision organ reported a number of typical cases, releasing a clear signal of digging deep into the corruption behind the "revolving door" of government and business. Leading cadres hold certain public power during their tenure. Even if they leave their posts, their original functions and powers will still have an impact or play a role in a certain range of time. Therefore, it is obviously inappropriate for leading cadres to take posts, take part-time jobs and receive remuneration in enterprises within the original business jurisdiction after leaving or retiring. How to cut off the grey connection between government and business, effectively prevent the transfer of interests, and prevent the "revolving door" of government and business from becoming a "corruption door"? The reporter made an interview and report. Some leading cadres take up posts and part-time jobs in enterprises under their original business jurisdiction after leaving and retiring, and take advantage of the "revolving door" of politics and business to reap benefits In july2018, Qiuping, the former deputy inspector of Hangzhou Public Security Bureau of Zhejiang Province, who has retired six years ahead of schedule, took the initiative to give up his retirement benefits. Since no clue was received at that time, the organization handled the approval according to the normal procedures. Three years later, during the education and rectification of the national political and legal team, clues about Qiu Ping's violation of discipline and law surfaced. According to the personnel handling the case, in fact, the civil servant law of the people's Republic of China has established a system for the withdrawal of civil servants from their posts, which stipulates that if a civil servant resigns from public office or retires, the civil servant who was originally a leading member or a leading position at or above the county level will not be employed by an enterprise or other profit-making organization directly related to the original work business within three years of his resignation, and other civil servants will not be employed by an enterprise or other profit-making organization within two years of his resignation, Shall not engage in profit-making activities directly related to the original business. According to the survey, since her retirement, Qiu Ping has successively accepted the invitation of a Testing Technology Co., Ltd. in Hangzhou, a culture Group Co., Ltd. in Zhejiang news, a network technology Co., Ltd. in Hangzhou to serve as a security legal consultant, and received more than 3.2 million yuan of "consulting fees". In the meantime, Qiu Ping helped the above-mentioned enterprises to expand their popularity by establishing the "Internet Security and governance" forum, and actively gave advice for their network risk prevention and control. The investigation further found that during her tenure in the network supervision department of Hangzhou Public Security Bureau, Qiu Ping took advantage of her position to provide assistance to the two companies in network security supervision, and agreed to accept benefits after retirement. Obviously, the reason why Qiuping retired early was not a whim. According to the analysis of the case handler, "Qiu Ping had extensive contacts in the Internet business circle during his tenure. Some enterprises extended 'olive branches' to show that he could get a high salary from the enterprise after early retirement. He also had close contacts with some enterprises, and there were some violations of discipline and law. He tried to escape punishment by early retirement and giving up his retirement benefits." The review and investigation team finally defined Qiu Ping's violation of discipline and law by three criteria: first, it was defined as illegal to obtain economic benefits from the original management object after early retirement because of the understanding with the management object during his tenure and the agreement on specific profit-making matters and benefit transfer; Second, I was not familiar with the entrusted company during my employment, and there was no specific profit-making matters. After early retirement, I accepted the invitation to serve as a consultant to obtain income, and defined it as a violation of discipline to obtain economic benefits before giving up retirement benefits; Third, the qualified consultant income obtained after giving up the retirement benefits is defined as normal service income. Qiu Ping is not the only one who has served in enterprises that have "helped". Luoxusheng, former member of the Party committee and general manager of Hangzhou Industrial Investment Group Co., Ltd., got to know a businessman Zhang in his early years. Zhang has kept in touch with him through buying food and sending consumption cards. Luoxusheng has plotted for Zhang's interests in demolition compensation, fund borrowing, trademark and equity transfer for many times. Zhang took the initiative to invite him to work in his own company and promised to give him "settling in fee". Luoxusheng resigned from public office to work for Zhang. After deducting the handling fee, he actually got 2.61 million yuan of "settling in fee". Under the threat of high pressure, some leading cadres with ulterior motives have become more and more secretive. Some people are trying to be "safe". During their tenure, they first transfer interests to the outside world, but they are not eager to cash in the return. Instead, they wait until they resign and then take a post at the former management service object, earning a high salary. For example, Zhan, the former deputy director of the urban and rural construction environment and Resources Protection Committee of the Standing Committee of Guangzhou Municipal People's Congress in Guangdong Province, worked as an executive of a well-known real estate company to receive high salary less than two years after handling early retirement. Other people "retire without rest" and use their past contacts to wander between government and business, helping enterprises illegally obtain key resources. For example, guodeqing, the former chairman of Baiyin CPPCC in Gansu Province, worked as a supervisor of a company after his retirement. He coordinated the procedures related to commercial projects for the company through the leading cadres of Lanzhou Municipal Development and Reform Commission and land and Resources Bureau. During his retirement, he received more than twice as much money as his illegal gains during his tenure. Personnel exchanges between government and business should not involve the private use of public power or the transaction of power and money Talent is the foundation for the future. Everyone has a channel to grow into talents and stand out. As a normal talent flow channel, there is nothing wrong with the re employment of public officials. The same is true for public officials to exert their residual heat in their new posts after retirement. "Personnel exchanges between the public and private sectors are conducive to promoting the empathy of different groups, generating more cooperation and interaction, and jointly promoting social progress. However, the unhealthy 'revolving door' of government and business will be alienated into a 'gate of corruption' leading to the collusion between government and business and the trading of power and money. The key point is whether it involves the private use of public power and the trading of power and money." Said zhuangdeshui, deputy director of the Research Center for clean government construction of Peking University. In 2003, when chenjianshe, 50, learned that she would be transferred from the post of vice mayor of Shaoxing City, Zhejiang Province to the post of CPPCC, she was out of balance at that time. She began to use her power to "pave the way" and decided to establish a real estate enterprise with a businessman named sun. At the same time, she submitted an application for early retirement. Before his retirement, his "residual temperature" of power realized a huge exchange of interests. In the last month of his tenure as vice mayor, chenjianshe solved two major problems for Sun: first, he coordinated the handling of construction qualification so that he could participate in the bidding of important projects; Second, a cultural protection project has been relocated to ensure that the company's project planning will not be affected. "Without shares, I am a senior worker." For chenjianshe, who wants to run a business, shares have a strong attraction. In order to further form a community of interests, Mr. Sun gave Mr. Chen Jianshe a "discount" of half price shares. Later, the court found that from April 2003 to July 2004, chenjianshe took advantage of her position to seek benefits for others in matters such as construction qualification handling and project relocation, and illegally accepted other people's property totaling 6.25 million yuan. In september2019, chenjianshe was sentenced to four years' imprisonment and fined 600000 yuan for taking bribes. "The biggest problem is that it is easy to breed corruption, including a series of problems such as the marketization of power, collusion between officials and businessmen, and the transfer of interests." Zhuangdeshui told reporters that this kind of "revolving door" of politics and business will also damage the fairness of the market and undermine the market order. For example, it may lead to problems such as black box operation in project bidding and profit transfer in public resource allocation. "In this way, it will damage the image of the party and the credibility of the government, and do a lot of harm." Dressed in the cloak of "working for salary", he deliberately postponed the time of receiving property, and completed the benefit transmission after retirement. "He thought he was hiding the truth, but in fact he was stealing the bell. His essence is still a power money transaction." According to jiangzhixuan, deputy director of the case trial Office of Taizhou Municipal Commission for Discipline Inspection and supervision, on the one hand, the "post salary" mainly refers to not working but getting paid, or actually working but receiving a higher salary than normal, which belongs to accepting property in bribery; On the other hand, when in office, the public officials have taken advantage of their position to seek benefits for the trustor, and agreed to bribe with the trustor, subjectively, they have obvious intention of accepting bribes. According to jiangzhixuan's analysis, the focus of investigating and dealing with such cases is to fix the evidence of "prior agreement". The agreement of both parties can be either express or implied, either verbal expression or action expression. In any way, as long as both parties reach a tacit agreement before the public officer leaves office and retires, and it is clear that the trustee will give feedback after his / her resignation and retirement, it should be recognized that there is a "prior agreement". Many examples have repeatedly shown that as long as you stretch out the wrong hand, take the wrong money and do the wrong things, you will not "write off" or "let bygones be bygones" whether you are on the front line or leave your post. "Resigning or retiring does not mean entering the 'safe box'. Whether it is' hitting the edge 'during the term of office or' stepping on the red line 'after leaving office, once the bottom line is lost, no one can escape the sanctions of Party discipline and state law." Zhuangdeshui said. We will improve the post holding constraints on leading cadres after they leave or retire, and effectively prevent corruption in the "revolving door" of politics and business "In the early stage, we have made some provisions to directly resign from the China Banking and Insurance Regulatory Commission (CIRC), and certainly cannot work in the past regulatory target institutions or institutions closely related to this industry. There are also restrictions on the confidentiality transition period and the decryption period." Guoshuqing, chairman of the China Banking and Insurance Regulatory Commission, said on the eve of the two sessions this year. After Party members' leading cadres leave or retire (retire), their original functions and powers will have an impact or play a role in a certain range and period of time. Therefore, they must not be left to their own devices. Instead, they should refine relevant regulations and set a "hard bar" for the scope and time of employment after leaving office. Discipline inspection and supervision organs, organization departments and audit institutions should also strictly control the "export gate" to prevent the "revolving door" corruption of government and business. According to the regulations on disciplinary measures of the Communist Party of China, after leaving office or retiring (retiring), Party members and leading cadres "accept the employment of enterprises and intermediaries in the areas and business scope under the jurisdiction of their original positions in violation of relevant regulations, or engage in profit-making activities related to the business under the jurisdiction of their original positions", "serve as independent directors and independent supervisors of listed companies and fund management companies in violation of relevant regulations", according to the seriousness of the circumstances, They were punished from being warned to being kept in the party for observation. In 2017, the Organization Department of the Central Committee and other four departments issued the opinions on regulating the employment behavior of civil servants after they resign from public office, which drew a red line for the reemployment of civil servants after they resign from public office, and set up two "separation walls" of "region" and "industry": civil servants who are members of the original leading group of organs at all levels and other civil servants who hold posts at or above the county level, within three years after they resign from public office, Shall not accept the employment of enterprises, intermediary institutions or other profit-making organizations within the jurisdiction and business scope of the original post, and individuals shall not engage in profit-making activities directly related to the business under the original post; Other civil servants shall not accept the employment of enterprises, intermediary institutions or other profit-making organizations directly related to their original work business within 2 years after resigning from public office, and individuals shall not engage in profit-making activities directly related to their original work business. Strict implementation of relevant regulations and improvement of post holding constraints for leading cadres after their resignation and retirement have become the practice of many places

Edit:sishi Responsible editor:xingyong

Source:https://www.ccdi.gov.cn

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