Improve the punishment mechanism, eradicate the sources of "hunting" pollution, increase efforts to recover and correct improper gains from bribery
2024-04-07
The Third Plenary Session of the 20th Central Commission for Discipline Inspection emphasized the strengthening of joint investigations into bribery and bribery. The Amendment (12) to the Criminal Law, which came into effect on March 1st, amended the relevant provisions on bribery crimes, providing a more comprehensive legal support for the severe punishment of bribery crimes. For a period of time, some bribe givers have regarded bribery as a "steady profit without loss" investment, focusing on attracting party members and cadres into the water. To curb the driving force behind bribery, it is necessary to increase efforts to recover and correct the illegitimate benefits obtained from bribery, and eradicate the pollution source of the political ecology of "hunting". On October 20, 2023, the People's Court of Fuyang District, Hangzhou City, Zhejiang Province, sentenced Yao, the former person in charge of an investment management company in Hangzhou, to three years in prison, four years in probation, and fined 500000 yuan for the crime of unit bribery. The illegal gains in the case were returned and confiscated in accordance with the law, and turned over to the national treasury. After investigation, from April 2016 to April 2020, Yao bribed Zhang, the then Vice President of a state-owned holding bank (to be dealt with separately). With Zhang's help, Yao undertook 10 financing projects and set up additional charging channels. The investment management company illegally collected investment advisory fees, financial advisory fees, management fees, etc., from which Yao personally obtained huge profits. In this case, all 10 financing projects mentioned above were obtained by Zhang using his position as deputy bank president to facilitate Yao's acquisition. These projects have been intervened by Zhang, and the approval process has become mere formality. The project deliberately bypasses the normal approval process through packaging products, splitting, and other means, avoiding strict regulatory procedures. There are problems of pre approval and illegal approval, and the financing risks of the project are borne by state-owned holding banks. The investment management company does not actually bear the risk of losses, but charges huge fees from it. "This case not only violates laws, policies, and industry norms to obtain benefits, but also involves unfair competition." Zhang Mengxi, a cadre of the Case Supervision and Management Office of the Fuyang District Commission for Discipline Inspection and Supervision, explained that among the 10 financing projects, multiple branches and subsidiaries meet the conditions for acceptance. However, Yao used bribery to make Zhang stand out from public opinion and directly designate him to undertake, which is unfair. Article 12 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Bribery stipulates that "seeking illegitimate benefits" in bribery crimes refers to the act of bribing individuals seeking benefits that violate laws, regulations, rules, and policies, or requiring state officials to provide assistance or convenient conditions for themselves in violation of laws, regulations, rules, policies, and industry norms. Those who violate the principles of fairness and justice and seek competitive advantages in economic, organizational, and personnel management activities should be recognized as seeking unfair benefits. From May to September 2018, Xia, an individual worker without any construction qualifications, under the guidance and assistance of Qiu, the then mayor of Suoqian Town in Xiaoshan District, Hangzhou (to be dealt with separately), illegally contracted two engineering projects directly contracted by the Suoqian Town government by borrowing other enterprise qualifications, and subcontracted them to others for a fee, illegally profiting 67%
Edit：Jia jia Responsible editor：Wang Chen
Source：https://jjjcb.ccdi.gov.cn
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