Lao Tian is the leader of a state-owned enterprise in charge of engineering projects, and because of his work, he usually deals with construction companies a lot. Recently, the boss of the construction company Jia approached him, hoping to help in the bidding, and promised that he knew that it was inconvenient for him to work now, and that he would pay a 'benefit fee' as agreed when he retired. Lao Tian is indeed about to retire, can he accept Boss Jia's seemingly intimate proposal? ”
Boss Jia's "idea" is a typical "option corruption", that is, when leading cadres are in office, they use the power in their hands to seek benefits for others, and do not seek to "return" at the moment, but according to private "agreements" to be cashed in various forms after leaving or retiring. There is a time limit for cadres to hold office, but there is no time limit for punishing corruption, and it will not work in vain to put on a "cloak of invisibility" and fight the "time difference" for corrupt acts, and it will be difficult to escape the sanctions of party discipline and state law after all.
Article 27 of the Regulations on Disciplinary Sanctions of the Communist Party of China stipulates that if a Party organization discovers that a Party member has committed bribery, abuse of power, dereliction of duty, power rent-seeking, benefit transfer, favoritism, waste of state assets and other suspected criminal acts in violation of the law, it shall be removed from internal Party positions, placed on Party probation or expelled from the Party.
Article 27 of the Law of the People's Republic of China on Governmental Sanctions for Public Employees stipulates that where a retired public employee commits illegal acts before or after retirement, he or she will no longer be given governmental sanctions, but may file a case for investigation; Where they shall be demoted, removed, or expelled in accordance with law, their benefits shall be adjusted accordingly in accordance with provisions, and their illegally obtained property and their own property used for illegal conduct shall be disposed of in accordance with the relevant provisions of this Law. Where public employees who have already left their posts or have died have illegal conduct during the performance of their duties, it is to be handled in accordance with the provisions of the preceding paragraph.
The first paragraph of Article 385 of the Criminal Law of the People's Republic of China stipulates that it is a crime for a state functionary to take advantage of his position to solicit other people's property, or to illegally accept other people's property to seek benefits for others. The Supreme People's Court's "Reply on the Handling of the Behavior of State Employees Accepting Property After Retirement by Taking the Convenience of Their Position to Seek Benefits for Others" clarifies that if a state functionary takes advantage of his position to seek benefits for the trustee, and agrees in advance with the trustee to accept the trustee's property after his retirement, which constitutes a crime, he shall be convicted and punished as a crime.
Therefore, Lao Tian must not listen to Boss Jia's "ideas" and engage in self-deception and "option corruption", but should consciously have the party in his heart, the people in his heart, his responsibility in his heart, and his caution in his heart, do a clean job, and be a clean man.
Related Case] Jiang Tingxian, former party secretary and director of the Tourism Bureau of Jiulongpo District, Chongqing, mistakenly believed that as long as he made a good "time difference" and "did things in office and collected money in retirement", he could evade the organization's investigation. Therefore, when seeking improper benefits for unscrupulous businessmen, he usually does not let the bribe giver cash in immediately, but agrees to give the bribe money in the name of investment when he retires to do business, and retires early for this purpose. At the same time, Jiang Tingxian also had other problems of violating discipline and law.
In May 2022, Jiang Tingxian was expelled from the party and his retirement benefits were cancelled according to regulations. In December of the same year, Jiang Tingxian was sentenced to 11 years and six months in prison and fined 700,000 yuan for committing ** crimes; committed the crime of abuse of power and was sentenced to five years' imprisonment; He was sentenced to 15 years and six months imprisonment and fined 700,000 yuan.
Since the 18th National Congress of the Communist Party of China, under the high-pressure situation of no forbidden areas, full coverage and zero tolerance for anti-corruption, the risk of direct power-for-money transactions of "handing over money with one hand and doing things with one hand" has become more and more risky, and the space has become smaller and smaller. On the surface, party members and cadres did not receive benefits when they were in office, but after leaving or retiring, they completed the transfer of benefits in the form of investment, cadre shares, and salaries.
Facts have proved that resignation and retirement are never the "talisman" of corrupt people, still less the "separation wall" of supervision, and no matter how concealed and renovated the methods of "option corruption" are, they cannot cover up the essence of power-for-money transactions. As long as you stretch out a hand that should not be extended, take money that should not be taken, and do something that should not be done, whether you are in office or retired, you will not be able to escape the punishment of party discipline and state law.
Written by] Kim Yong-seung.
Correspondent] Shen Jixuan.
Author] Kim Yong-sung.
*] Southern Press Media Group Nanfang + client.