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以案明纪释法 | 准确识别以定向增发股份收益权为工具的利益输送
Core Viewpoint - The article discusses the complexities surrounding the criminalization of state officials profiting from directed share placements, emphasizing the need for thorough investigations focusing on the nature of the transactions and the motivations behind them [1][5][11]. Summary by Sections Basic Case Facts - Wang, a former state-owned enterprise leader, and Li, the actual controller of a private investment company, developed a relationship that led to Wang facilitating Li's access to share placements [2][3]. - In 2014, Wang used his position to allocate shares from a state-owned company to Li's firm, which had previously been denied access [2]. Disputed Opinions - There are differing views on whether Wang's actions constitute bribery, with some arguing that the investment was a normal business opportunity, while others assert it was a clear case of bribery due to the nature of the transaction [5][6][11]. Analysis of Opinions - The article argues that the relationship between Wang and Li was not a legitimate market transaction but rather a form of power-for-money exchange, as Wang's actions were influenced by his official capacity [8][9][10]. - Wang's acquisition of shares was characterized by a lack of market risk, as Li guaranteed profits, which deviates from typical investment behavior [10][12]. Determining Bribery Amount - The article suggests that the total profit Wang received should be considered as the bribe amount, as it was a direct result of the power-for-money transaction [11][12]. - It emphasizes that the nature of the shares acquired by Wang was such that they were not typically accessible to ordinary investors, reinforcing the argument of an improper exchange [12][15][16].
“90后”年轻干部肖义现场忏悔:对不起单位和领导培养,对不起父母和妻子
中国基金报· 2025-08-11 08:02
Group 1 - The case of Xiao Yi, a former executive manager of a state-owned enterprise, highlights severe violations of legal and ethical standards, including bribery and corruption [1][4] - Xiao Yi's actions included accepting gifts and entertainment from management and service objects, and using his position to facilitate project contracts and fund allocations in exchange for illegal benefits [4][5] - The disciplinary actions taken against Xiao Yi included expulsion from the Communist Party, removal from public office, and referral to the prosecution for criminal charges, reflecting the serious nature of his misconduct [4][2] Group 2 - The incident serves as a cautionary tale for other employees in state-owned enterprises, emphasizing the importance of adhering to legal and ethical standards to avoid severe consequences [1][4] - The educational approach taken by the local disciplinary committee, which involved direct exposure to the courtroom proceedings, aims to instill a stronger sense of accountability and awareness among employees [1]
前行丨明辨是非 守护正义
Core Viewpoint - The article emphasizes the importance of strict adherence to regulations regarding misconduct, particularly in the context of public officials accepting gifts or benefits, highlighting the need for accountability and integrity in governance [1][2]. Group 1: Misconduct and Accountability - The article discusses the harmful effects of misconduct, particularly in the context of public officials accepting gifts, and stresses that even retired officials should face disciplinary actions if they engage in such behavior [1]. - A case involving a public hospital's vice president accepting "red envelopes" from medical equipment suppliers is examined, with the focus on whether this constitutes bribery or merely a gift [2]. - The article illustrates the necessity of thorough investigations to determine the nature of relationships between officials and suppliers, emphasizing that the absence of explicit profit motives does not absolve officials from accountability [2]. Group 2: Decision-Making and Responsibility - The article presents a case where two officials were held accountable for purchasing faulty gas alarm systems, despite their claims of ignorance regarding the technical specifications [3][4]. - It highlights the importance of understanding the technical aspects of procurement and the implications of decisions made by officials, suggesting that accountability should be balanced with the context of their actions [5]. - The article concludes with a discussion on the need for careful consideration in disciplinary actions, advocating for a nuanced approach that recognizes the complexities of decision-making in public service [6].
非法收受2.16亿余元!秦如培,被判死缓!
券商中国· 2025-08-06 10:06
Group 1 - The core viewpoint of the article is the sentencing of Qin Rupai, a former high-ranking official in Guangxi, to death with a two-year reprieve for bribery, highlighting the severity of corruption in government positions [1][2] - The court found that from 1998 to 2024, Qin Rupai illegally accepted bribes totaling over 216 million RMB, leveraging his various official positions to facilitate projects and business operations for others [1][2] - The court acknowledged mitigating factors such as Qin's confession, cooperation with authorities, and the return of most of the illicit gains, which influenced the decision to suspend the death sentence [2]
广西壮族自治区党委原常委、自治区政府原副主席秦如培受贿案一审宣判
Yang Shi Wang· 2025-08-06 09:16
Core Points - The Deyang Intermediate People's Court sentenced Qin Rupai, former Vice Chairman of the Guangxi Zhuang Autonomous Region, to death with a two-year suspension for bribery, along with lifelong deprivation of political rights and confiscation of all personal property [1][3] - Qin Rupai was found guilty of accepting bribes totaling over 216 million RMB from 1998 to 2024 while holding various government positions, which caused significant losses to the state and public interests [3] - The court acknowledged mitigating factors such as Qin's confession, cooperation in returning most of the illicit gains, and the presence of attempted bribery, leading to a suspended death sentence [3][4] Legal Proceedings - The trial was held publicly on May 23, 2025, with evidence presented by the prosecution and both sides given the opportunity to express their views [4] - Over 40 individuals, including representatives from the National People's Congress, political advisors, journalists, and members of the public, attended the court proceedings [4]
李勇,一审获刑14年
Zhong Guo Xin Wen Wang· 2025-08-05 09:28
2025年8月5日,湖北省襄阳市中级人民法院公开宣判中国海洋石油集团有限公司原党组副书记、总经理李勇受贿一案,对被告人李勇以受贿罪 判处有期徒刑十四年,并处罚金人民币三百万元;对其受贿所得财物及其孳息依法予以追缴,上缴国库。 来源:央视新闻客户端 原标题:《非法收受财物6794万余元 李勇一审被判十四年》 编辑:朴丽娜 责编:赵一凡 经审理查明:1996年至2023年,被告人李勇利用担任中国海洋石油总公司勘探部综合技术处处长、钻井试油处处长,中国海洋石油有限公司钻 井完井办主任,中海石油(中国)有限公司天津分公司副总经理、总经理、党委书记,中海油田服务股份有限公司执行副总裁、总裁、首席执 行官、党委书记,中国海洋石油集团有限公司党组副书记、总经理等职务上的便利,为有关企业和个人在业务代理、产品销售等事项上提供帮 助,直接或通过他人非法收受财物共计折合人民币6794万余元。 襄阳市中级人民法院认为,被告人李勇的行为构成受贿罪,受贿数额特别巨大,应依法惩处。鉴于李勇到案后如实供述罪行,主动交代办案机 关尚未掌握的部分受贿事实;揭发他人犯罪行为,经查证属实,具有立功表现;认罪悔罪,积极退赃,赃款赃物及孳息已全部追缴 ...
周从启,检举他人犯罪行为,经查证属实,获从轻处罚
Xin Jing Bao· 2025-08-03 22:44
Core Points - The court sentenced Zhou Congqi, former deputy director of the Guizhou Provincial Water Resources Department, to 13 years in prison for accepting bribes totaling over 72.29 million yuan from 2005 to 2023 [1][2] - Zhou utilized his positions to facilitate approvals for mining rights and other business matters in exchange for illegal financial benefits [1][2] Group 1: Case Details - Zhou Congqi was found guilty of accepting bribes amounting to 72.29 million yuan, with some funds not actually received [1] - The court recognized Zhou's actions as particularly egregious due to the substantial amount involved and the nature of his offenses [1] - Factors such as partial attempted crimes, truthful confession, and active restitution contributed to a lighter sentence [1] Group 2: Background and Context - Zhou served as deputy director of the Guizhou Provincial Land and Resources Department for 15 years, where he exploited his authority for personal gain [2] - The approval of mining rights was a routine administrative function that became a significant issue for illegal mining operators seeking to bypass regulations [2] - A specific case involved businessman Wang, who invested in Zhou's family-owned liquor factory as a means to secure mining rights, transferring a total of 2.4 million yuan for this purpose [2]
受贿超7229万元 贵州省水利厅原副厅长周从启一审获刑13年
Xin Jing Bao· 2025-08-01 11:28
Core Point - The case involves the sentencing of Zhou Congqi, former deputy director of the Guizhou Provincial Water Resources Department, for accepting bribes totaling over 72.29 million yuan from 2005 to 2023 [1] Summary by Relevant Sections Legal Proceedings - The court sentenced Zhou Congqi to 13 years in prison and imposed a fine of 2 million yuan for bribery [1] - The court ordered the confiscation of the bribe proceeds and their interest, which will be turned over to the national treasury [1] Bribery Details - Zhou Congqi utilized his positions in the Guizhou Provincial Land and Resources Department and the Water Resources Department to facilitate approvals for mining rights, land use rights, and company operations [1] - The total amount of bribes received was over 72.29 million yuan, with some of the amounts not actually obtained [1] Mitigating Factors - The court acknowledged that some of Zhou's criminal acts were attempted but not completed [1] - Zhou provided truthful confessions and actively reported on other criminal activities, which were verified as true, demonstrating a degree of cooperation with law enforcement [1] - His remorse and proactive return of illicit gains were considered as mitigating factors in the sentencing [1]
副部级赵金云,非法收受他人巨额财物,作为内幕信息知情人,在涉及对证券交易价格有重大影响的信息尚未公开前买入该证券,情节特别严重
中国基金报· 2025-07-30 02:38
Core Viewpoint - The case of Zhao Jinyun, former Vice Governor of Gansu Province, involves serious allegations of bribery and insider trading, leading to her prosecution by the Tianjin Second Intermediate People's Court after investigations by the National Supervisory Commission and local police [1][3][4]. Group 1: Allegations and Charges - Zhao Jinyun is accused of using her various official positions to illegally accept significant amounts of money and benefits, constituting a serious violation of duty and suspected bribery [3][4]. - The charges include insider trading, where Zhao, as an insider, bought securities before the public disclosure of information that could significantly affect their trading prices [3][4]. Group 2: Background and Career - Zhao Jinyun, born in October 1965, holds a master's degree in science and has served in various significant roles, including Vice Governor of Gansu Province and positions in the Gansu Provincial Land and Resources Department [4][5]. - Her career includes leadership roles in the Gansu Provincial Committee of the Jiusan Society and the Gansu Airport Group, showcasing her extensive involvement in public service and governance [4].
受贿8191万余元,杜梓一审获刑15年
Ren Min Ri Bao· 2025-07-29 09:06
沈阳市中级人民法院认为,被告人杜梓的行为构成受贿罪,数额特别巨大,应依法惩处。鉴于其受贿犯罪中有未遂情节;到案后如实供述自己罪行,主 动交代办案机关尚未掌握的绝大部分受贿事实;认罪悔罪,积极退赃,受贿赃款赃物及孳息已全部追缴,依法可以对其从轻处罚。法庭遂作出上述判决。 经审理查明:2002年至2015年,被告人杜梓利用担任内蒙古自治区鄂尔多斯市委副书记、代市长、市长、市委书记,通辽市委书记,内蒙古自治区党委 常委、通辽市委书记等职务上的便利以及职权、地位形成的便利条件,为相关单位和个人在企业经营、工程承揽等事项上提供帮助,非法收受财物共计 折合人民币8191万余元。 2025年7月29日,辽宁省沈阳市中级人民法院一审公开宣判内蒙古自治区人大常委会原党组副书记、副主任杜梓受贿案,对被告人杜梓以受贿罪判处有期 徒刑十五年,并处罚金人民币八百万元;对杜梓犯罪所得财物及孳息依法予以追缴,上缴国库。 据悉,沈阳市中级人民法院于2025年5月16日公开开庭审理了该案。庭审中,检察机关出示了相关证据,被告人杜梓及其辩护人进行了质证,控辩双方在 法庭的主持下充分发表了意见,杜梓进行了最后陈述,并当庭表示认罪悔罪。人大代表、政 ...