The third issue: blowing the "supervision post" of the business environment"


In order to solidly promote the activities of the sixth discipline education, study and publicity month, educate and guide party members and cadres to be disciplined and abide by the rules, and turn iron discipline into the daily habits and conscious compliance of party members and cadres, the discipline Inspection Commission of the Group has specially formulated ten typical cases of "explaining discipline by case" to guide the broad masses of party members and cadres to remain vigilant at all times and correctly perform their duties and powers. Issue 3: Blowing the "Supervision Sentinel" of the Business Environment

  Typical case

1. Zhang Bingjian, former chairman of Henan Jitai Group Co., Ltd. and former general manager of Luoyang Heyang Investment Co., Ltd., illegally engaged in business and run enterprises. Around 2014, Zhang Bingjian and Ren Kesheng, Secretary of the Party Leadership Group and Director of the Development and Reform Commission of the former Geely District of Luoyang City (handled separately) invested in the establishment of a trading company and an accounting service company in the name of others. From 2015 to 2019, Zhang Bingjian took advantage of his position to contract the asset appraisal business of Jitai Group and the power distribution project of Zhongshui Plant in Geely District for the two companies he started, making a total profit of 420000 yuan. Zhang Bingjian also has other serious violations of discipline and law. In November 2021, Zhang Bingjian was expelled from the party and expelled from public office. In December 2021, Zhang Bingjian was sentenced to six years and three months' imprisonment and a fine of 550000 yuan for corruption, bribery and bribery.

 

XAIC

 

2. Zhou Yufu, former deputy secretary and deputy director of the State-owned Assets Supervision and Administration Commission of Luoyang City, Henan Province, illegally owns shares in non-listed companies. In November 2015, Zhou Yufu invested 1.5 million yuan (including 1.3 million yuan from bribery crimes) to buy a stake in Luoyang Rural Commercial Bank Co., Ltd. in the name of a second-hand car trading market company. As of the incident, after increasing the share capital and cash dividends, Zhou Yufu has obtained a total of 1.000932 million shares with a value of 2.77 yuan per share and a cash dividend of 33206 yuan. Zhou Yufu also has other serious violations of discipline and law. In June 2021, Zhou Yufu was expelled from the party and expelled from public office, and his suspected crime was transferred to the judicial organ for handling in accordance with the law.

3. Yang Wenxue, a former staff member of the Business Environment Office of Tong'an Street, Longquanyi District, Chengdu, took advantage of his position to provide assistance to others in handling business licenses and other aspects to receive and ask for property. From 2019 to 2021, Yang Wenxue successively served as a staff member of the Economic Development Comprehensive Management Service Office and the Business Environment Office of Tong'an Street, Longquanyi District, taking advantage of his position in managing renewable resource recovery enterprises within his jurisdiction, he accepted the request to provide assistance for renewable resource recovery enterprises without legal procedures in the jurisdiction to carry out business activities, exclude competitors, and apply for industrial and commercial business licenses, and successively received cash of RMB 72000 yuan from others, in the name of borrowing or directly ask for cash of RMB 240000. Yang literature also exists in other violations of discipline and law. In September 2021, Yang Wenxue was expelled from the Party and expelled from public office. In December 2021, Yang Wenxue was sentenced to three years and three months in prison for accepting bribes.

 

XAIC

 

4. Wu Kaihong, former director of Anjing Market and Quality Supervision and Management Institute of Chengdu Pidu District Market and Quality Supervision Administration, took advantage of his position to provide assistance to merchants with incomplete procedures and unlicensed operations to receive property. From 2016 to 2021, Wu Kaihong and Deng Mou, a staff member of Anjing Market Supervision Institute (handled in another case), took advantage of their positions to provide assistance to operators with incomplete procedures, unlicensed operations and seized goods for many times, and jointly received cash from others. 802000 yuan, his personal share was 400000 yuan; from 2019 to 2021, he took advantage of his position to seek benefits for others and separately received 140000 yuan in cash from others. Wu Kaihong also has other problems of violating discipline and law. In November 2021, Wu Kaihong was expelled from the party and expelled from public office. In March 2022, Wu Kaihong was sentenced to four years and six months in prison and fined 200,000 yuan for accepting bribes.

  Discipline Red Line

Excerpts from the 1. Regulations on Disciplinary Actions of the Communist Party of China

Article 27: In the disciplinary review, if a party organization finds that a party member has committed corruption and bribery, abuse of power, dereliction of duty, power rent-seeking, transfer of benefits, malpractice for personal gain, waste of state assets, etc., it shall be removed from the party. Position, stay in the party for probation or expulsion from the party.

Article 94 Whoever engages in profit-making activities in violation of relevant regulations and commits one of the following acts shall be given a warning or a serious warning if the circumstances are relatively minor; if the circumstances are relatively serious, he shall be removed from his post within the party or placed on probation within the party; if the circumstances are serious, he shall be expelled from the party:

(I) business to run enterprises;

(II) owning shares or securities of a non-listed company (enterprise);

(III) buying or selling stocks or investing in other securities;

(IV) engaged in paid intermediary activities;

(V) registered companies or invested in shares outside the country (territory);

(VI) there are other violations of the relevant provisions to engage in profit-making activities.

 

XAIC

 

Those who use the information obtained in the decision-making and approval process of participating in enterprise restructuring and restructuring, private placement, merger and investment, land use right transfer, etc. to buy and sell stocks, and use the influence of power or position to make abnormal profits through the purchase of trust products, funds, etc., shall be dealt with in accordance with the provisions of the preceding paragraph.

Those who, in violation of the relevant provisions, take part-time jobs in economic organizations, social organizations and other units, or take part-time jobs with approval but obtain additional benefits such as salaries, bonuses and allowances, shall be dealt with in accordance with the provisions of the first paragraph.

Excerpts from the 2. Law on the Punishment of Public Officials in Administration

Article 33 Anyone who commits any of the following acts shall be given a warning, demerit or serious demerit; if the circumstances are serious, he shall be demoted or removed from office; if the circumstances are serious, he shall be expelled:

(I) corruption and bribery;

(II) take advantage of their functions and powers or the influence of their posts to seek personal gain for themselves or others;

(III) conniving at or acquiescing in a specific related person's use of his or her power or influence for personal gain.

Those who refuse to correct the illegal employment, part-time employment or business activities of a specific related party in accordance with the provisions, and do not obey the post adjustment, shall be dismissed.

Article 36 Anyone who engages in or participates in profit-making activities in violation of regulations, or who concurrently holds positions or receives remuneration in violation of regulations, shall be given a warning, demerit or major demerit; if the circumstances are serious, he shall be demoted or dismissed; if the circumstances are serious, he shall be dismissed.

Excerpts from the the People's Republic of China Penal Code of 3.

Article 385 Any State functionary who, by taking advantage of his position, extort property from others, or illegally accept property from others in order to seek benefits for others, shall be guilty of accepting bribes. In the course of economic exchanges, state functionaries who, in violation of state regulations, accept kickbacks and handling fees in various names and belong to individuals shall be punished as accepting bribes.

 

XAIC

 

  take the case as a lesson

The above four typical cases have exposed that a small number of party members, cadres and public officials have a weak sense of discipline and law, and use their power willfully. Some of them illegally engage in profit-making activities, want to be officials and make money, and act as "shadow shareholders, seriously undermining the pro-Qing relationship between government and business and a fair and just environment for the rule of law. Party members and cadres must deeply learn lessons, be in awe, resolutely learn from them, learn from them, strictly abide by the red line of discipline and rules, and consciously use power in accordance with the law, clean use of power, and clean use of power.