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以案明纪释法 | 国有公司人员滥用职权相关问题辨析
Core Points - The article discusses the legal implications of Liu's actions as the general manager of a state-owned enterprise, specifically regarding the abuse of power and bribery [5][6][15] - It highlights the distinction between two types of abuse of power crimes under Chinese law: one involving state officials and the other involving employees of state-owned enterprises [1][8] Group 1: Case Background - Liu served as the general manager of a state-owned real estate management company from 2015 to 2020, responsible for managing public housing [2] - The company was tasked with managing 5,800 public housing units and ensuring the safety of state assets [2] - Liu was involved in approving the transfer of public housing rights, which required adherence to specific regulations regarding fees and evaluations [3] Group 2: Actions and Consequences - Between 2016 and 2020, Liu received over 500,000 yuan in bribes to reduce or waive transfer fees for public housing rights [3][4] - Liu's actions resulted in the improper waiver of fees totaling over 180,000 yuan, which should have been collected and deposited into the municipal treasury [4][15] - After the investigation, the involved parties reimbursed the waived fees, but this did not negate the losses incurred during Liu's tenure [4][15] Group 3: Legal Opinions - There are differing opinions on how to classify Liu's actions: one view suggests he should be charged with abuse of power as a state-owned enterprise employee, while another argues for classification as a state official [5][6] - The first opinion emphasizes the significant loss to the state-owned enterprise due to Liu's actions, while the second focuses on his role as a representative of a state agency [5][6][8] Group 4: Legal Framework - The article outlines the legal definitions and implications of abuse of power under Chinese law, specifically referencing Articles 397 and 168 of the Criminal Law [1][8] - It explains that the abuse of power crime involves actions that lead to significant losses to public assets and interests, with specific thresholds for what constitutes "major losses" [13][14][15]
国家烟草专卖局原副局长,被判15年
券商中国· 2025-08-12 11:19
Core Viewpoint - The case of Xu, former deputy director of the National Tobacco Monopoly Administration, highlights significant corruption within the tobacco industry, with a total of over 65.33 million RMB in bribes received from 2010 to 2024 [1][2]. Summary by Sections Case Details - Xu was sentenced to 15 years in prison and fined 5 million RMB for accepting bribes during his tenure in various positions within the tobacco administration [1]. - The court found that Xu used his official capacity to assist certain entities and individuals in administrative approvals, business operations, and employee recruitment, leading to substantial illegal gains [1]. Court Proceedings - The trial was held on May 28, 2025, with evidence presented by the prosecution and Xu's acknowledgment of his crimes during the proceedings [2]. - The court considered mitigating factors such as Xu's confession, remorse, and the return of all illicit gains, which influenced the sentencing decision [1].
三堂会审丨通过下属单位将公款借给其他单位如何定性
Core Points - The case involves a former official, referred to as "甲," who misappropriated public funds and accepted bribes during his tenure in various positions, including as the chairman of a state-owned enterprise [5][8][10] - The investigation revealed that "甲" used his position to lend 150 million yuan of public funds to a private company, "E," through a subordinate company, "D," while seeking personal benefits [10][12][14] - The court found "甲" guilty of embezzlement and bribery, resulting in a combined sentence of 15 years in prison and a fine of 1 million yuan [8][22] Case Background - "甲" joined the Communist Party in April 1990 and held various positions until his retirement in May 2020 [4] - The investigation into "甲" began in February 2023, leading to his detention and subsequent prosecution for serious violations of discipline and law [6][7] Legal Proceedings - The case was formally prosecuted on August 1, 2023, with the court hearing taking place on September 8, 2023, resulting in a verdict on November 29, 2023 [8][9][10] - The court's decision emphasized that "甲" had used his authority to misappropriate funds and accept bribes, which constituted serious criminal offenses [12][14] Financial Misconduct - From 2014 to 2015, "甲" facilitated the lending of 150 million yuan from a state-owned company to a private entity, which was not in the interest of the public company [10][12] - "甲" received a total of over 12.57 million yuan in bribes from 2004 to 2023, indicating a pattern of corrupt behavior throughout his career [5][8] Bribery Details - "甲" was involved in a scheme where he accepted bribes in exchange for facilitating project contracts, with specific amounts linked to the value of the projects he helped secure [15][17] - The court ruled that even though "甲" did not know the exact amount of one bribe, he was still liable for the total amount received due to his involvement in the corrupt activities [16][18][22]
执意拍板上项目致2230万打水漂的县委书记,有新消息
Xin Jing Bao· 2025-08-05 19:39
Core Points - The case of Chen Hua, former deputy mayor of Hezhou City, Guangxi, has been transferred to the prosecution for alleged bribery [1][5] - Chen Hua's involvement in the failed tourism projects in Fuchuan County has raised concerns about mismanagement and misuse of public funds [2][4] Group 1: Allegations and Investigations - Chen Hua is accused of leveraging his official positions to gain illegal benefits and accepting substantial bribes [1][5] - The Guangxi Autonomous Region's supervisory committee concluded the investigation and referred the case to the prosecution [1] - The prosecution has informed Chen Hua of his legal rights and has begun formal proceedings against him [1] Group 2: Project Mismanagement - In 2017, Chen Hua approved tourism projects in Fuchuan County without adequate risk assessment, leading to financial losses [2] - The total investment for the "Water Show" and "Light Festival" projects was over 22.3 million [2] - Both projects ceased operations within a year due to poor financial performance, resulting in significant public discontent [2] Group 3: Disciplinary Actions - Chen Hua was expelled from the Communist Party and removed from public office due to severe violations of party and governmental regulations [4][5] - His actions included accepting gifts and engaging in corrupt practices, which were deemed detrimental to public interests [4][5] - The disciplinary measures were approved by the regional party committee and included confiscation of illegal gains [5]
受贿8891.43万余元,白廷辉一审被判无期!
Group 1 - Bai Tinghui, former director of Shanghai State-owned Assets Supervision and Administration Commission, was sentenced to life imprisonment for accepting bribes totaling over 88.91 million yuan [1][3] - The court found that from 2004 to 2023, Bai used his positions to provide benefits to individuals and entities in engineering contracts and company operations, resulting in significant illegal gains [3] - Bai's actions were deemed to constitute a serious violation of duty and he was found to have accepted bribes in a particularly large amount, which led to the severe sentence [3][5] Group 2 - Bai Tinghui held multiple significant positions, including Vice President of Shanghai Shentong Metro Group and Director of Shanghai Water Authority, before becoming the director of Shanghai State-owned Assets Supervision and Administration Commission in 2019 [4] - His career ended in September 2023 when he was removed from his position, following a series of disciplinary violations and corruption allegations [4][5] - The Shanghai Municipal Government and the Central Commission for Discipline Inspection took serious actions against Bai, including expulsion from the Party and removal from public office due to his severe violations of party discipline [5]
上海市国资委原主任白廷辉一审被判无期
证券时报· 2025-08-05 12:40
Core Viewpoint - The article discusses the sentencing of Bai Tinghui, former director of the Shanghai State-owned Assets Supervision and Administration Commission, to life imprisonment for bribery, highlighting the misuse of power in public office and the significant amount involved in the case [1][3]. Summary by Sections Case Details - Bai Tinghui was found guilty of accepting bribes totaling approximately 88.91 million RMB from 2005 to 2023 while holding various positions, including roles in Shanghai Shentong Group and the Shanghai Municipal Water Affairs Bureau [3]. - The court determined that Bai's actions constituted a particularly large amount of bribery, and he was sentenced to life imprisonment, stripped of political rights for life, and ordered to forfeit all personal property [1][3]. Legal Proceedings - The Shanghai First Intermediate People's Court acknowledged Bai's cooperation during the investigation, including confessing to crimes and returning illicit gains, which were considered in the sentencing [3].
受贿7229余万元 贵州省水利厅原副厅长周从启一审被判13年
Yang Shi Wang· 2025-08-01 22:54
Core Points - The case involves Zhou Congqi, former deputy director of the Guizhou Provincial Water Resources Department, who was sentenced to 13 years in prison for bribery and fined 2 million RMB [1] - Zhou was found guilty of accepting bribes totaling over 72.29 million RMB from 2005 to 2023, leveraging his official positions to assist companies in various approvals and rights [1] - The court acknowledged mitigating factors such as Zhou's confession, cooperation with authorities, and return of illicit gains, leading to a lighter sentence [1] Summary by Sections - **Bribery Case Overview** - Zhou Congqi was sentenced for accepting bribes while serving in key government positions [1] - The total amount of bribes accepted was over 72.29 million RMB, with some not actually received [1] - **Court's Findings** - The court determined that Zhou's actions constituted a particularly serious case of bribery [1] - Mitigating circumstances included his confession and cooperation with the investigation, which influenced the sentencing [1]
吉林检察机关依法对李德明涉嫌受贿案提起公诉
Xin Lang Cai Jing· 2025-07-31 08:09
Group 1 - The case of Li Deming, former Secretary of the Party Leadership Group and Director of the Jilin Provincial Department of Agriculture and Rural Affairs, has been concluded by the Jilin Provincial Supervisory Committee and transferred to the procuratorial organs for prosecution [1] - The Tonghua City People's Procuratorate has filed a public prosecution against Li Deming, indicating that the case is under further processing [1] - Li Deming is accused of utilizing his positions in various governmental roles to illegally accept substantial amounts of money and property, which is classified as a particularly large sum [1]
官方披露:副部级赵金云与丈夫包东红合伙敛财,数额特别巨大
第一财经· 2025-07-30 03:30
Core Viewpoint - The article discusses the legal proceedings against Zhao Jinyun, the former Vice Governor of Gansu Province, who is accused of bribery and insider trading, highlighting the serious implications of corruption in government positions [1][2]. Group 1: Legal Proceedings - Zhao Jinyun's case has been investigated by the National Supervisory Commission and transferred to the Tianjin People's Procuratorate for prosecution [1]. - The Tianjin People's Procuratorate has initiated public prosecution against Zhao Jinyun after reviewing the case [1]. Group 2: Charges and Allegations - Zhao Jinyun and her husband, Bao Donghong, are accused of leveraging their official positions to illegally accept significant amounts of money and benefits [2]. - Zhao Jinyun is specifically charged with insider trading, having purchased securities based on non-public information that could significantly affect their trading prices [2].
“女老虎”赵金云被公诉!
券商中国· 2025-07-30 03:07
Core Viewpoint - The article discusses the legal proceedings against Zhao Jinyun, former Vice Governor of Gansu Province, who is accused of bribery and insider trading, highlighting the implications of corruption within government positions and the legal actions taken against such misconduct [1][2][5]. Group 1: Legal Proceedings - Zhao Jinyun's case has been transferred to the Tianjin Second Intermediate People's Court after the Tianjin People's Procuratorate initiated prosecution [2]. - The charges against Zhao include accepting bribes and engaging in insider trading, with the amounts involved being particularly large [2]. - The investigation revealed that Zhao and her husband exploited their official positions to gain benefits for others and illegally received substantial amounts of money [5]. Group 2: Background Information - Zhao Jinyun was born in October 1965 and has held various significant positions in government and state-owned enterprises, including Vice Governor of Gansu Province since December 2022 [3][4]. - Her career trajectory includes roles in the Gansu Provincial Land and Resources Department and leadership positions in state-owned enterprises [3]. - Following her investigation, her husband, Bao Donghong, was also placed under investigation for his role in similar misconduct [4]. Group 3: Corruption Details - The report on Zhao's dismissal from public office indicates multiple violations, including accepting invitations that could influence her official duties and failing to report personal matters truthfully [5]. - Zhao is accused of transforming public power into a tool for personal gain, engaging in family-style corruption, and facilitating financial benefits for others through her official capacity [5].