新型腐败和隐性腐败
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以案明纪释法丨离职后收受财物行为性质辨析
Zhong Yang Ji Wei Guo Jia Jian Wei Wang Zhan· 2025-05-13 23:55
Core Viewpoint - The article discusses the complexities surrounding the issue of corruption related to former government officials accepting benefits from private companies after retirement, particularly focusing on the case of a former police official and the legal interpretations of such actions [1][2][3]. Basic Case Facts - Qiu, a former deputy director of a city's public security bureau, provided assistance to Liu, the actual controller of a technology and culture company, using his official position from February 2018 to the end of 2021 [2]. - After Qiu's retirement in July 2022, Liu began paying him 100,000 yuan monthly under the guise of research funding, totaling 1.4 million yuan by November 2023, which Qiu used for personal expenses rather than research [2][3]. Divergent Opinions - Three differing opinions exist regarding Qiu's actions: 1. Some argue it constitutes a violation of party discipline for accepting benefits related to his former position [3]. 2. Others believe it amounts to bribery, as Qiu provided benefits to Liu's company while in office and later accepted funds post-retirement [4]. 3. A third view agrees with the second but emphasizes the need for a prior agreement between Qiu and Liu regarding the funds [4][5]. Legal Framework - The article outlines legal precedents indicating that former officials can be prosecuted for accepting benefits if they had previously used their position to benefit the giver and had a prior agreement regarding the benefits [6][7][8]. - The necessity of a "prior agreement" is emphasized, which can be explicit or implicit, to establish the connection between the official's actions while in office and the benefits received post-retirement [9][10]. Analysis of Qiu's Actions - Qiu's actions during his tenure, where he facilitated Liu's business operations, are critical in determining the legality of the funds received after retirement [10]. - The relationship between Qiu and Liu, characterized by mutual assistance and the eventual agreement on post-retirement payments, suggests a potential violation of bribery laws [11][12][13].
前行 | 从海量信息中寻找案件突破口
Zhong Yang Ji Wei Guo Jia Jian Wei Wang Zhan· 2025-04-21 00:12
Core Viewpoint - The article highlights the effective practices and strategies employed by Ming Xingping, a key figure in the anti-corruption efforts in Zigong City, Sichuan Province, emphasizing the importance of detail-oriented investigation and psychological understanding in handling corruption cases [1][2][4]. Group 1: Investigation Techniques - Ming Xingping has been recognized for his ability to identify critical details that lead to breakthroughs in cases, earning him the title of "breakthrough expert" among colleagues [2]. - He emphasizes the need to thoroughly examine all information, no matter how trivial it may seem, to uncover connections and evidence in complex cases [1]. Group 2: Psychological Approach - Ming Xingping employs a psychological approach in investigations, tailoring strategies to the mindset of the subjects being investigated, which includes emotional engagement and personal reflection [2]. - His methods include building rapport with subjects, as demonstrated by his thoughtful gestures, such as sending birthday cards and festive gifts, which help to reduce resistance during investigations [2][3]. Group 3: Training and Mentorship - Ming Xingping is committed to mentoring younger anti-corruption officials, sharing his extensive experience and insights into investigation practices [4]. - He conducts training sessions for local anti-corruption cadres, focusing on practical skills and wisdom gained from years of experience in the field [4].
坐得住 站得稳 行得远记全国巾帼文明岗、广东省纪委监委案件审理室
Zhong Yang Ji Wei Guo Jia Jian Wei Wang Zhan· 2025-04-14 00:18
Core Viewpoint - The Guangdong Provincial Commission for Discipline Inspection and Supervision's case review department has achieved significant recognition for its work, emphasizing the importance of political oversight and quality in case handling [2][3][4]. Group 1: Achievements and Recognition - The case review department has received multiple honors, including the "National Advanced Grassroots Party Organization" and the "National Women's Civilization Post" for 2024, highlighting its commitment to excellence [2]. - Since the 20th National Congress of the Communist Party, the department has concluded over 620 cases, with more than 190 cases referred to judicial authorities, ensuring that each case withstands historical and public scrutiny [2]. Group 2: Political Oversight in Case Review - The department emphasizes that case review is fundamentally a political task, requiring a strong focus on political direction and the handling of violations of political discipline [3][5]. - The review process involves a thorough examination of responsibilities, particularly in cases where political discipline has been violated, ensuring that evidence is meticulously gathered and analyzed [4][5]. Group 3: Addressing New Corruption Challenges - The department has identified an increase in new and hidden corruption cases, necessitating innovative approaches to case review and quality assessment [6]. - A focus on analyzing new types of corruption, such as agreed bribery and indirect bribery, has been established to combat these emerging issues effectively [6]. Group 4: Continuous Improvement and Training - The department has implemented regular quality assessments and has published 53 work prompts since 2021 to enhance the skills of frontline disciplinary enforcement personnel [7][8]. - The internal review meetings serve as a platform for rigorous discussion and improvement of case handling, fostering a culture of accountability and high standards among staff [9][10]. Group 5: Future Commitments - The department aims to strengthen its capabilities in political oversight, evidence review, and legal application to better fulfill its responsibilities in the new era [11].