Don't reach out as a broker if you don't "step out", strengthen the supervision of retired cadres, and strictly prevent and crack down on option corruption! Discipline Inspection Commissions in Various Regions Serve as Public Officials | Related | Discipline Inspection Commissions
The Second Plenary Session of the 20th Central Commission for Discipline Inspection emphasized the resolute investigation and punishment of new and hidden corruption. In recent years, some corrupt behaviors of public officials have become covert and complex, attempting to evade the risk of being investigated through "option corruption" by "not accepting resignation fees while in office" and "not accepting retirement fees while in office".
The corrupt behavior of "option corruption" is covert, with long trading times and high difficulty in investigation, posing challenges to anti-corruption. What are the manifestations and new trends of "option corruption"? How to promote systematic treatment and address both symptoms and root causes? The reporter conducted an interview.
Some corrupt individuals, in order to evade investigation and punishment, seek rent-seeking power by extending the time and space of corrupt transactions
Since the 18th National Congress of the Communist Party of China, the Party Central Committee has adhered to the principle of "no restricted areas, full coverage, and zero tolerance" in the fight against corruption. Under the high-pressure situation of anti-corruption, the space for blatant power and money transactions has been greatly compressed. Some corrupt elements, in order to evade investigation and punishment, have carefully designed and extended the time and space of corrupt transactions to achieve "legal and compliant" forms of power operation and achieve rent-seeking.
"I used to think that accepting bribes outside of my jurisdiction and using loans or other pretexts would deceive me, but now I think it's a big mistake," Zhou, former director of the Xiba Police Station of the Huaiyin Branch of the Huai'an Public Security Bureau in Jiangsu Province, wrote in a confession.
In March 2017, Zhou, who served as the director of the Xiba Police Station, took advantage of his position in the jurisdiction of a tertiary hospital that needed support and assistance from local police stations in cracking down on medical daycare and other work. He greeted Shen, the former head of the hospital's security office, and helped Huai'an Company illegally win the bid for the hospital's parking lot operation and contracting management project. After winning the bid, without actual investment, management, technology, or labor input from Zhou, the general manager of the company, Wang, promised to give Zhou a 20% dividend on his dry share profits, which Zhou recognized.
In August 2018, after being transferred to the position of Director of Dingji Police Station, Zhou believed that the hospital was no longer under its current jurisdiction and that the "risk" had been lifted. Therefore, he proactively contacted Wang to request "dividends" on the grounds of repaying his credit card loan. Wang fulfilled his promise and gave a one-time bonus of 300000 yuan to Zhou for two years.
"Whether it's' option corruption ',' shadow companies', or 'borrowing and bribery', no matter how covert the means are or how innovative the methods are, they cannot conceal the essence of power and money transactions," a relevant person in charge of the case trial office of the Jinhu County Commission for Discipline Inspection and Supervision in Huai'an City told reporters.
In September 2020, Zhou, who had already been punished with double punishment, was sentenced to four years and six months in prison and fined 200000 yuan for the crimes of favoritism and bribery. The court ultimately determined that the bribery amount of 300000 yuan was "option bribery".
"'Option corruption 'often occurs after retirement, resignation, or leaving the job, which is disconnected from the original power. In the investigation, it is necessary to closely monitor abnormal situations such as large fund changes, frequent contact with personnel, and investment in shares, and accurately identify the gray chain of interest transmission." said the relevant person in charge of the Third Review and Investigation Office of the Jinhu County Commission for Discipline Inspection and Supervision.
In order to deepen the use of cases as a lesson and promote reform, the Jinhu County Commission for Discipline Inspection and Supervision analyzed the institutional loopholes and regulatory shortcomings exposed in the case, and supervised and promoted the improvement of systems such as departure audit, regular job rotation, internal control, and joint punishment in departments such as organization, audit, public security, and market supervision. Organize public officials to attend the trial of the case and use personal education to alert those around them. At the same time, through various forms such as holding warning education meetings, organizing disciplinary and legal lectures, reporting typical cases, and conducting anti-corruption talks, we guide public officials to be honest, pragmatic, and responsible, always tighten the string of integrity and self-discipline, and effectively achieve the goal of knowing respect, keeping a guard, and keeping the bottom line.
"We need to continue to strengthen our own capacity building, accurately analyze the characteristics and laws of hidden corruption, dig and investigate relevant problem clues, cut off the chain of interests between 'power' and 'money', effectively prevent and resolutely investigate new types of corruption and hidden corruption." said the main person in charge of the Jinhu County Commission for Discipline Inspection and Supervision.
"Option corruption" presents a new trend of low age and concealment
The main characteristic of "option corruption" cases is the time difference between seeking profits and receiving benefits. On the surface, party members and public officials do not receive benefits while in office, but after leaving, leaving, or retiring, they complete the transfer of benefits through investment, shareholding, and employment rewards.
"Some cadres engage in 'option corruption' by first handling affairs and then receiving money, or by waiting for retirement and then receiving property, attempting to put on an 'invisible cloak' for their corrupt behavior. This behavior must be highly valued by us," said the relevant person in charge of the Discipline Inspection Commission and Supervision Commission of Shishi City, Fujian Province.
According to relevant officials from the Discipline Inspection Commission and Supervision Commission of Changshu City, Jiangsu Province, there are three main types of "option corruption" cases: "first, retirement returns, some public officials attempt to evade supervision and legal sanctions by delaying payment, and then accept money and goods after retirement, extending the time span of power and money transactions, and avoiding the risk of being investigated and punished; second, transfer payment, that is, using the convenience of their position to seek benefits for relevant personnel while on duty, and then fulfilling the agreed benefits when they are transferred to other positions and have no management service relationship with relevant personnel; third, resignation benefits, that is, seeking improper benefits for others while on duty, resigning from public office to work for relevant personnel companies, or taking more care of the enterprise during their tenure, without paying attention." Seeking temporary rewards and obtaining benefits under the name of partnership after resignation
Jin He, Director of the First Discipline Inspection and Supervision Office of the Yuhuan Municipal Commission for Discipline Inspection and Supervision in Zhejiang Province, said that in practical cases, in order to evade supervision as soon as possible and fulfill the "contract" as soon as possible, some people will choose "escape style retirement" and "escape style resignation" to achieve transactions, while others will form a complex and circuitous chain of interest transmission through family, friends, or specific relationships, using methods such as taking care of the family business of cadres and handling overseas affairs for their children to indirectly realize the "return".
"Compared to previous years, the 'option corruption' in recent years has shown a new trend of being younger and more covert." Ye Yunhai, Deputy Director of the Fifth Discipline Inspection and Supervision Office of the Discipline Inspection Commission and Supervision Commission of Shangcheng District, Hangzhou City, Zhejiang Province, said, "Firstly, corrupt elements are not limited to retirees, but also include in-service public servants and even young cadres. Secondly, 'option corruption' is often intertwined with new types of corruption and implicit corruption. Corrupt elements do not directly accept cash after leaving their jobs, but instead accept bribes in the form of labor remuneration, enterprise shares, investment and loan income, and funding children's education. Thirdly, the means are covert, attempting to artificially cut off the connection between power and money transactions, pretending to uphold public rights and normal operations while in office, or only helping but not." "Collect money and then fulfill benefits in a form that appears to comply with civil and commercial laws after leaving."
Option corruption has strong concealment due to its contractual nature. Due to the time difference, it appears difficult to directly link their behavior with job-related crimes, increasing the difficulty of investigating cases.
Ye Yunhai told reporters that compared to conventional corruption cases, the investigation and punishment of "option corruption" is more difficult. Firstly, the evidence collection cycle is long, and the time interval between profit-making and accepting behavior often lasts for several years. It is necessary to comprehensively collect detailed evidence of corrupt individuals accepting property after leaving their jobs, as well as to pay attention to collecting evidence of them seeking benefits for the briber during their tenure; Secondly, the standard of proof is high. Some evidence may have been produced many years ago, but the standard of proof must also strictly follow the current criminal procedure laws and regulations, which may lead to some evidence being unable to be used, posing challenges to case investigation and evidence chain construction.
In response to the strong concealment and long incubation period of "option corruption", as well as the common interests and difficulties in breaking through between the bribe givers and the bribe takers, officials from the Discipline Inspection Commission and Supervision Commission of Yiwu City, Zhejiang Province, told reporters that on the one hand, we can start from the source of power operation, sort out whether relevant decision-making matters are democratic, open, and fair, and whether there are any violations of common sense. Then, we can investigate the relationship between profit-making enterprises and related personnel by following the clues. Even if no benefits are found, we do not easily close the relevant clues, but continue to store them for investigation and continue to track them until after resignation. On the other hand, starting from the bribery party, anomalies can be discovered in terms of compliance with business operations and fairness of opportunities, and further investigation can be conducted.
The important purpose of imposing employment restrictions on retired public officials is to prevent the risk of "option corruption"
After the resignation or retirement of public officials, their original powers will still have an impact or play a role within a certain scope and period of time. A small number of public officials use their power to enter the revolving door of politics and commerce, or engage in illegal business operations, or take part-time positions in enterprises and intermediary agencies, even using this as a hidden cover for disciplinary and criminal activities.
Some companies pay high salaries to hire retired public officials who have left their jobs, and they value their network resources and influence; Public officials who engage in illegal part-time jobs often face issues of exchange and transmission of benefits. For example, during his tenure, Shu Yanhai, the director of the former Wangjiang Smart Industry Park Development Center in Shangcheng District, Hangzhou, colluded with unscrupulous businessmen, accepting bribes of more than 2 million yuan. He also discussed with the head of a company he served and managed, and agreed to retire and work for the company, with an annual salary of hundreds of thousands of yuan agreed upon by both parties.
"During his tenure, Shu Yanhai had already gone to the company to engage in illegal part-time work, laying the foundation for 'transferring to the battlefield' after retirement. He was only motivated to avoid investigation and did not actually receive his salary. When he retired, accepting the so-called salary of the company's leader was a 'natural' situation." Peng Wei, Deputy Director of the Third Discipline Inspection and Supervision Office of the Discipline Inspection Commission and Supervision Commission of Shangcheng District, Hangzhou, said that the root of 'option corruption' lies in improper political and commercial interactions. ". Relying on this secretive political business relationship, enterprises gain an advantageous position, resulting in unequal competition among market operators and disrupting the normal market operation order.
Resignation and retirement do not mean leaving the company. Party regulations, laws and regulations, and normative documents have strict regulations on the employment behavior of various types of public officials after leaving their posts. Article 96 of the Regulations of the CPC on Disciplinary Punishment stipulates that after leaving office or retiring, leading cadres of Party members "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", and "serve as independent directors, independent supervisors and other positions in listed companies and fund management companies in violation of relevant regulations", they will be punished from warning to staying in the Party for inspection according to the seriousness of the circumstances.
The important purpose of imposing employment restrictions on retired public officials is to prevent the risk of "option corruption". "If it is a retired public servant from state-owned enterprises, procuratorates, courts and other units, they also need to comply with relevant regulations on the clean and honest employment of leaders in state-owned enterprises, the Law of the People's Republic of China on Prosecutors, and the Law of the People's Republic of China on Law." Chen Jianling, Deputy Director of the Case Trial Office of the Xiamen Municipal Commission for Discipline Inspection and Supervision in Fujian Province, told reporters that in practice, determining whether a retired public servant's employment in enterprises or intermediary institutions for remuneration is criminal can be focused on whether they receive abnormal remuneration, whether they have profit-making matters, whether there are prior agreements, and whether they are suspected of other official crimes.
It is worth noting that some public officials do not directly "step out" after leaving and retiring, but instead use the influence of their positions formed during their tenure to greet, deliver notes, run projects, and even illegally interfere in organizational personnel arrangements, acting as intermediaries.
The General Office of the Communist Party of China Central Committee issued the "Opinions on Strengthening the Party Building Work of Retired Cadres in the New Era", which clearly states that retired cadres, especially those who have held leadership positions, must strictly abide by relevant disciplinary rules and not use their original powers or positions to seek benefits for themselves and others.
Adhere to the concept of "full cycle management" and strengthen the supervision and management of resigned and retired public officials
"The 'option corruption' has exposed problems such as incomplete management mechanisms for retired public officials, ineffective implementation of rules and regulations, and lack of tracking and supervision of their employment paths. Wang Baiyun, director of the Second Review and Investigation Office of the Jurong Municipal Commission for Discipline Inspection and Supervision in Jiangsu Province, believes that it is necessary to adhere to the concept of 'full cycle management', strengthen supervision and management of retired public officials, and closely monitor situations such as using the 'waste heat' of positions to seek personal gain through power.".
Strengthen prevention at the source and strictly control the exit checkpoint. "We will work with relevant departments in the district to clarify the resignation management process for public officials. Firstly, we will conduct an integrity assessment on all cadres who apply to resign from public positions. If there are clues of disciplinary and illegal issues or related reports, we will submit a written opinion to suspend the approval of resignation. According to Xue Yangdong, Director of the Case Supervision and Management Office of the Discipline Inspection Commission and Supervision Commission in Shangcheng District, Hangzhou, the district also includes the direction of public officials' employment after resignation in the reference range of resignation approval to prevent violations of prohibitive and restrictive regulations on employment.".
Audit supervision is a powerful tool for preventing and cracking down on "option corruption", deepening the coordination between disciplinary inspection and audit supervision in multiple regions, and increasing the intensity of departure audits. Since last year, the Discipline Inspection Commission and Supervision Commission of Changshu City have promoted the Municipal Audit Bureau to conduct audits on the "three powers and one integrity" of leading cadres in terms of economic decision-making power, policy implementation power, economic management supervision power, and compliance with anti-corruption regulations, in order to prevent the departure or retirement of several local party, government, and department leaders who have resigned due to illness.
Improve the supervision and management mechanism for retired cadres who have resigned, and work together from multiple parties to form a joint supervision force. Relying on the platform of "Internet plus Supervision", the Supervision Committee of Huangshi Municipal Commission for Discipline Inspection in Hubei Province has established an information sharing mechanism with multiple departments such as housing construction, market supervision, human resources and social security, and on this basis, it has strengthened source prevention, refined the procedures for approval and filing of part-time jobs, and strictly managed the behavior of resigning and retired party and government leaders to take part-time jobs in enterprises.
Focus on key areas, positions, and personnel. This year, Chenzhou City in Hunan Province launched a special rectification campaign for leading cadres to use their power or influence to profit their relatives and friends, focusing on the key minority of leading cadres, and including retired and resigned cadres since the 18th National Congress of the Communist Party of China. In response to prominent issues related to state-owned enterprises, the Yichang Municipal Commission for Discipline Inspection and Supervision in Hubei Province has formulated rules and regulations such as the "Measures for Preventing Conflicts of Interest among Leaders in the Operation and Management Activities of Municipal State owned Enterprises", which include issues such as illegal business operation of enterprises and illegal remuneration for retired public officials while concurrently working. By relying on the "disciplinary inspection" linkage mechanism, and through methods such as economic responsibility audit and problem clues investigation, it investigates whether retired public officials have related disciplinary and illegal issues.
Strictly manage post resignation public officials to minimize blind spots in supervision. The Discipline Inspection Commission and Supervision Commission of Yuhuan City, relying on the linkage of "office, group, and department", track and supervise the reporting of personal matters and the implementation of the "negative list" by retired party members and leading cadres based on their original positions, positions, and departmental characteristics, and classify them into the scope of supervision and management; Regularly carry out special rectification measures for retired cadres who engage in profit-making activities in violation of regulations. Conduct a thorough investigation of the employment situation of public officials who have previously held important positions such as leaders and members of the leadership team within 3 years after their resignation, and other public officials within 2 years after their resignation. Analyze and judge the problems found, track the entire process, and rectify them, cutting off the path of realizing "option corruption".
