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以案明纪释法丨准确认定以购买原始股为名受贿行为
【内容提要】 实践中,国家工作人员利用职务上的便利为请托人谋取利益,其近亲属以出资购买请托人提供的拟上市 公司股份为幌子,并以股份预期增值利益作为标的接受利益输送,虽其行为隐蔽复杂,但究其本质仍是 权钱交易。笔者认为,重点可以从国家工作人员有无接受行贿人请托利用职权为其谋利、依托职权还是 市场获取股权、是否承担市场风险等方面,坚持主客观相一致原则综合研判,精准识别以出资购买原始 股为名收受贿赂行为的权钱交易本质。 【基本案情】 【意见评析】 甲,受国有公司委派,担任A证券公司(以下简称A公司)股份融资部总经理、投资银行部总经理。 乙,B科技公司(私企,以下简称B公司)实际控制人,B公司主营电子零部件的研发、制造、销售业 务。丙,甲的近亲属,C公司(私企)法定代表人。 2009年5月,B公司打算进行首次公开募股,乙找到丙,请其向甲积极推荐B公司,通过甲的帮助和支 持,促使B公司与A公司达成首次公开募股合作并开展相关工作,从而使B公司能够尽快上市。丙向甲 提出乙的请求后,甲利用职务便利,授意A公司项目组成员帮助B公司解决各类法律和财务问题,开展 尽职调查、加快制作相关申报材料等,推动A公司与B公司于2010年6月 ...
学纪知纪明纪守纪丨让厉行节约反对浪费蔚然成风
Core Viewpoint - The emphasis on frugality and opposition to waste is a fundamental principle of the Party, reinforced by Xi Jinping's repeated calls for hard work and thriftiness as essential for the Party's growth and success [4][19]. Group 1: Achievements in Promoting Frugality - Since the 18th National Congress, the Party and government have made significant strides in promoting frugality and curbing waste, establishing a robust regulatory framework to support these efforts [6][5]. - The implementation of the "Regulations on Party and Government Agencies' Frugality and Opposition to Waste" has provided a solid basis for preventing wasteful practices [5][20]. - The establishment of various management regulations, such as those governing travel expenses and public receptions, has tightened the control over public spending [5][6]. Group 2: Ongoing Issues with Waste - Despite progress, wasteful practices persist in some government agencies, including excessive spending on receptions and unnecessary travel [9][10]. - There is a lack of strict adherence to regulations regarding public funds, leading to issues such as non-compliance in reception standards and inadequate transparency in financial management [9][10]. - Some officials still exhibit a tendency towards superficial achievements, prioritizing appearances over effective resource management, which can lead to significant waste [11][12]. Group 3: Strengthening Supervision and Accountability - The role of disciplinary inspection and supervision is crucial in reinforcing frugality and combating waste, with a focus on holding key individuals accountable for their spending decisions [13][14]. - A comprehensive supervision network is being developed, utilizing data analytics to identify and address irregularities in public spending [13][16]. - The emphasis on integrating various forms of oversight, including public and internal audits, is essential for enhancing accountability and reducing waste [15][16]. Group 4: Cultural and Institutional Changes - Promoting a culture of frugality within government agencies is vital, with leaders expected to set an example and foster an environment that values thriftiness [17][19]. - Continuous education and awareness campaigns are necessary to instill the values of frugality and opposition to waste among all members of the Party and government [19][20]. - The establishment of rigid institutional frameworks is critical to ensure that frugality becomes a long-term practice rather than a temporary measure [20].
集体私分国有参股公司资金如何定性
Core Viewpoint - The case discusses the misappropriation of state-owned assets by a management team in a state-owned joint venture, highlighting the legal interpretations of their actions and the appropriate charges against them [1][2][6]. Group 1: Case Background - Chen, appointed by the A City Transportation Committee, served as the Party Secretary and Chairman of the Supervisory Board of Company B, which is a limited liability company with 50% state-owned and 50% private capital [1]. - Between 2012 and 2014, Chen and other executives illegally distributed a total of over 7.98 million yuan under the guise of "performance rewards" to management personnel, with Chen personally receiving over 940,000 yuan [1]. Group 2: Legal Interpretations - Three differing legal opinions exist regarding the classification of Chen's actions: 1. Some argue it constitutes joint embezzlement due to the illegal appropriation of state funds [2]. 2. Others believe it amounts to the illegal distribution of state-owned assets [2]. 3. The prevailing view is that it constitutes abuse of power by state-owned enterprise personnel, as it resulted in significant losses to state interests [2][6]. Group 3: Legal Framework - The actions do not meet the criteria for embezzlement as defined by Article 382 of the Criminal Law, which pertains to individual actions rather than collective decisions made by a unit [3]. - The behavior also does not qualify as the illegal distribution of state-owned assets under Article 396, as Company B is a joint venture and not a wholly state-owned entity [4][5]. - Chen's actions are classified as abuse of power under Article 168, as he violated his duties and caused significant losses to state interests [6][7].
三堂会审丨违规经商办企业还是贪污
Core Viewpoint - The case revolves around the actions of Che, who used Company A's name to "invest" in Company B, ultimately obtaining over 4.15 million yuan in "dividends," raising questions about whether this constitutes a violation of business regulations or embezzlement [2][18]. Summary by Sections Basic Case Facts - Che joined the Communist Party in June 1994 and served as the chairman and general manager of Company A, a state-owned enterprise, until his retirement in October 2021 [3]. Embezzlement Details - In October 2013, Che arranged for an employee to register Company B under his name, with a registered capital of 1 million yuan, which was loaned from a state-owned small loan company [4]. - Company B was managed by Company A's asset management department and was used as a tool for external business operations [4][5]. - In 2014, Che manipulated the financing service contracts to benefit Company B, which he knew was profitable and low-risk, and decided to "invest" in Company B to extract its profits [5]. Financial Transactions and Control - From March to December 2015, Che facilitated the transfer of 50% of Company B's shares to Company A and its management team without any payment, maintaining control over the company [6]. - Between September 2016 and March 2017, Che received over 4.15 million yuan in dividends from Company B based on a 30% shareholding [6]. Investigation and Legal Proceedings - The investigation into Che's actions began on June 27, 2023, leading to his detention and subsequent legal actions, including a public prosecution for embezzlement [8][9][10]. - On January 11, 2024, the court sentenced Che to 11 years and 6 months in prison for embezzlement, along with a fine of 1.3 million yuan [11]. Company Nature and Legal Implications - There are differing opinions on whether Company B is a state-owned enterprise or a private company, but evidence suggests it is controlled by Company A, thus qualifying as a state-owned entity [13][14][17]. - Che's actions, including undervaluing Company B's shares and using its funds for personal gain, are classified as embezzlement under the law [22][25]. Conclusion on Che's Actions - Che's investment in Company B was deemed a means to unlawfully acquire state-owned assets, constituting embezzlement rather than a legitimate business activity [21][25].
河南:精准施教以干代训 全链条发力锻造铁军
Group 1 - The training program for young cadres in Henan Province focuses on enhancing political integrity and professional skills within the discipline inspection and supervision system [2][3] - The training includes a comprehensive curriculum covering various aspects such as complaint handling, supervision, and legal compliance, with a total of 25 training sessions planned by 2025 [3] - The training approach emphasizes practical experience, with initiatives like "simulated case handling" and "rotating case presentations" to improve the practical skills of the cadres [4] Group 2 - The training aims to create a high-quality, professional cadre team capable of effectively implementing the party's policies and maintaining discipline [2][3] - Various innovative training methods are being employed, including online learning, thematic party classes, and practical exercises in real-world scenarios [4][5] - The program also includes a collaborative approach, where experienced cadres mentor younger ones, enhancing their ability to handle cases and apply policies effectively [5]
完善作风建设常态化长效化机制以清风正气凝聚干事创业正能量
中央纪委国家监委网站 徐菱骏 6月30日,中共中央政治局就健全落实中央八项规定精神、纠治"四风"长效机制进行第二十一次集体学 习。习近平总书记在主持学习时强调,完善作风建设常态化长效化机制,确保学习教育善始善终、取得 实效。各地纪检监察机关坚持标本兼治、综合施策,着力推动完善作风建设常态化长效化机制,不断将 作风建设引向深入,以清风正气凝聚干事创业正能量。 自2023年起,该区纪委监委协助区委连续开展作风建设活动,在重点部门设立27个作风监测点和82 个"作风引领岗",出台作风建设指导意见,将监督嵌入工作全链条。以重大项目监督为例,该区纪委监 委对区内158个重大项目实行"事前查方案、事中督作风、事后看成效"的全流程监督,对推进不力的单 位开展约谈,推动落实管党治党责任,督促解决机制运行不畅、服务意识欠缺、审核把关流于形式等33 个堵点难点问题,有效提升了工作质效。 "习近平总书记把家风建设作为领导干部作风建设重要内容,强调'领导干部的家风,不仅关系自己的家 庭,而且关系党风政风'。"黑龙江省纪委监委有关部门负责同志介绍,该省纪委监委丰富拓展家风教育 资源,健全联席会议机制,构建党委领导、纪委监委统筹,宣传、 ...
深度关注·持续擦亮新时代管党治党“金色名片”减出新气象 干出精气神
Group 1 - The core viewpoint emphasizes the importance of reducing formalism and bureaucratic burdens on grassroots levels to enhance efficiency and service delivery [2][5][13] - The implementation of measures to streamline meetings and reduce unnecessary documentation has shown significant results, with a reported 63.6% reduction in issued documents and a 43.9% decrease in meetings in Changde City [6][9] - The introduction of digital platforms like "Meeting Intelligence Management" has facilitated better management of meetings, leading to a 25% reduction in meeting frequency and a 60% decrease in printed materials in Beibei District [8][9] Group 2 - The "Four Down to the Grassroots" initiative aims to encourage officials to engage directly with the public, thereby improving the effectiveness of governance [10][12] - The focus on practical outcomes over formal reporting has led to more effective problem identification and resolution, as seen in the proactive measures taken during flood risk assessments [12][13] - The establishment of regulations to combat formalism and bureaucratic inefficiencies is seen as a critical step in enhancing the operational effectiveness of local governments [13][14] Group 3 - The integration of technology in administrative processes, such as the "Bright Code into Enterprises" mechanism, has reduced the burden of repeated inspections on businesses, promoting a more efficient regulatory environment [15][16] - The emphasis on reducing redundant checks and improving the transparency of administrative actions has garnered positive feedback from local businesses, indicating a shift towards a more supportive governance model [15][16] - The overall strategy aims to balance regulatory oversight with the need to minimize unnecessary burdens on both grassroots officials and the public [15][16]
经典常谈 | 当好“人民的勤务员”
Core Viewpoint - The articles emphasize the concept of "public servant" and "responsible servant" as central to the governance philosophy of the Communist Party, highlighting the importance of serving the people and avoiding bureaucratic tendencies [1][2][4][5]. Group 1: Historical Context - Marx introduced the concepts of "public servant" and "responsible servant" in "The Civil War in France," advocating for a government that serves the people rather than oppresses them [1]. - Engels expanded on Marx's ideas, warning against bureaucratic tendencies and the pursuit of personal interests within the state apparatus, using the example of the U.S. government as a cautionary tale [2]. - Lenin recognized the significance of these concepts, emphasizing the need for accountability and vigilance against bureaucratic behavior within the party after the October Revolution [2][3]. Group 2: Application in China - The Chinese Communist Party has integrated and developed the "servant" ideology, with Mao Zedong asserting that all party members are servants of the people, emphasizing that their authority comes from the people [4]. - Since the 18th National Congress, the leadership has focused on improving work styles and maintaining close ties with the masses, addressing issues like formalism and corruption to demonstrate tangible results to the public [5]. - The current leadership encourages party members to embody the spirit of serving the people selflessly and to contribute to the nation's prosperity and the happiness of its citizens [5].
新视野·“作风建设”系列谈 | 做学生为学、为事、为人的大先生
中国人民大学从延安走来,自身携带着"立学为民、治学报国"的红色基因和优良传统,在80多年的发展历程 中,涌现出一大批"经师"与"人师"相统一的大先生。他们在不同的历史时期,都对学生和青年教师的成长成 才起着教育和引领作用。对此,我是受益者,是有亲身体会的。 近日,中国人民大学举办2025年毕业日系列活动,包括毕业典礼、学位授予仪式、青春歌会等。图为毕业生 在毕业典礼上为教职工代表献花。新华社发 习近平总书记高度重视教师队伍建设,特别是师德师风建设,在多个场合作过一系列重要论述。2022年4月25 日,习近平总书记在中国人民大学考察时强调,教师既要精通专业知识、做好"经师",又要涵养德行、成 为"人师",努力做精于"传道授业解惑"的"经师"和"人师"的统一者,做学生为学、为事、为人的大先生。这 一重要论述对于广大教师加强师德师风建设,具有重要而直接的指导意义。 一 1984年9月,我从山东大学哲学系本科毕业后来到中国人民大学哲学系读研究生,1987年留校并在马克思主义 学院在职攻读博士学位,从那时到现在,都快四十年了,我也快到退休的时候了。回顾我作为学生和青年教 师成长的过程,中国人民大学哲学系和马克思主义学院 ...
我说变化 | “新规矩带来的好处看得见”
Core Viewpoint - The article highlights the significant cultural shift in the customs surrounding weddings and funerals in a village in Guangxi, emphasizing a move towards more modest and community-oriented celebrations, which has led to improved social relations and reduced financial burdens on families [1][2]. Summary by Sections Changes in Customs - The village has transitioned from a culture of extravagant celebrations to one that promotes simplicity and frugality, with new regulations established to govern the scale and cost of events [1][2]. - A notable incident involved a village official who faced disciplinary action for hosting an excessively large wedding banquet, which sparked community discussions about the need for change [1]. Implementation of New Regulations - The establishment of a Red and White Affairs Council and the creation of a set of village regulations have formalized the new customs, including limits on the number of tables and the cost per table for events [1]. - Specific guidelines include a maximum of 18 tables for weddings and 23 for funerals, with a cap of 480 yuan per table and 200 yuan for gift money [1]. Community Response and Benefits - Initially, there was resistance to the new customs, with some perceiving them as too austere; however, over time, the community recognized the tangible benefits of these changes [2]. - The article describes a recent wedding that exemplified the new approach, where costs were significantly reduced, and the event fostered a sense of community rather than competition [2]. - The shift has led to lighter financial burdens for families and improved neighborly relations, with hopes for the continued success of these new customs [2].