In fierce market competition, mastering business opportunities often means gaining an extra profit opportunity. In recent years, in the new types of corruption and hidden corruption cases investigated and dealt with in various regions, some leading cadres do not directly accept property, but instead accept or demand business opportunities from the briber, and then entrust the business opportunities to designated parties or operate themselves to obtain benefits. These specific business opportunities are either just a cover for profit transmission without actual operation, or their returns far exceed the normal range, and most of them do not require market risk. What are the characteristics of this type of corruption, and how should we start investigating and punishing such cases? How to accurately identify such corrupt behavior from normal business activities? The reporter conducted an interview. In the second half of 2021, a real estate development company sought assistance from Hong, then a member of the Party Group and Deputy Director of the Xiaoshan District Government Office in Hangzhou, Zhejiang Province, to coordinate and approve the registration matters for the sale of existing houses, in order to express gratitude or seek help from public officials to make profits through so-called "business activities". Hong introduced a specific related party, Fang, who was engaged in real estate sales, to the company. Fang signed a contract with the company in the name of intermediary introduction. Later, Hong used his power to help the company successfully complete the filing matters, and Fang collected more than 1.6 million yuan in benefits according to the contract agreement. In the end, Hong was sentenced to four years and six months in prison and fined 400000 yuan for committing the crime of bribery. "On the surface, it seems normal for Fang to work in real estate sales and sign a contract with a real estate company. However, the land release coordination meeting, delivery and filing matters stipulated in the contract cannot be completed by a real estate sales company." The investigators stated that from the perspective of transaction necessity, the involved real estate company does not have an objective demand for "third-party intermediaries". "; From the perspective of transaction prices, it is significantly higher than the normal intermediary fees; From the perspective of transaction risk, Fang does not need to pay costs and does not provide substantive services as stipulated in the contract, while obtaining profits without any risk. "It is obvious that these unnecessary, zero cost, and risk-free 'third-party intermediary' businesses violate the normal laws of market economic activities and are a means for both parties involved in bribery to engage in power and money transactions through inflated transaction links," said the investigators. "Without opportunities, creating opportunities also requires conducting commercial transactions." Several interviewed disciplinary inspection and supervision officials stated that some ask people to express gratitude or seek help from public officials, allowing them to profit through so-called "business activities". This type of corruption essentially involves delivering benefits under the guise of paying "commercial services". "This type of corruption problem generally adopts a 'roundabout' strategy, which involves planning in advance, tailoring, and implementing 'prevention' at all levels. It has characteristics such as indirectness, marketization, and concealment, and is a typical new type of corruption and implicit corruption." said Hao Yang, director of the Third Review and Investigation Office of the Jurong Municipal Commission for Discipline Inspection and Supervision in Jiangsu Province. Hao Yang analyzed that this new type of corruption is manifested in three aspects: firstly, the bribery methods are "new". Both parties involved in bribery carefully design the transaction process, fund flow, and income settlement, embedding profit seeking methods into the market transaction process to conceal the essence of power and money transactions; The second is that the target form is "new", and the manifestations of corrupt interests are more complex and diverse. They are no longer tangible property interests, but commercial opportunities that can be realized and actually profitable
Edit：Liling Responsible editor：Chenjie
Source：https://jjjcb.ccdi.gov.cn
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