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利用影响力受贿
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受贿数额特别巨大,苏增添被判死缓
中国能源报· 2025-12-05 14:53
2 0 25年12月5日,浙江省宁波市中级人民法院 一审公开宣判福建省人大常委会原党组副 书记、副主任苏增添 受贿、利用影响力受贿、滥用职权案, 对被告人苏增添以受贿罪判 处死刑,缓期二年执行 ,剥夺政治权利终身,并处没收个人全部财产;以利用影响力受 贿罪判处有期徒刑九年,并处罚金人民币二百万元;以滥用职权罪判处有期徒刑五年,决 定执行死刑,缓期二年执行,剥夺政治权利终身,并处没收个人全部财产,对苏增添犯罪 所得财物及孳息依法予以追缴,上缴国库。 经 审 理 查 明 : 19 96 年 至 2 0 23 年 , 被 告 人 苏 增 添 利 用 担 任 福 建 省 经 济 体 制 改 革 委 员 会 主 任,福建省经济体制改革与对外开放委员会副主任,福建省发展和改革委员会主任,福建 省副省长,福建省副省长兼福州市代市长、市长,福建省委常委、政法委书记,福建省人 大常委会副主任等职务上的便利,为相关单位和个人在公司上市、项目承揽、土地征迁等 事项上提供帮助,非法收受财物共计折合人民币1 . 6 5亿余元。20 1 9年至2024年,苏增添 离职后利用原担任福建省领导干部的职权或者地位形成的便利条件,通过其他国家工 ...
利用影响力受贿还是斡旋受贿
Core Viewpoint - The article discusses the legal distinctions between two forms of bribery in China: "intermediary bribery" and "influence bribery," highlighting the nuances in their definitions and applications under the law [1][2][3]. Group 1: Legal Definitions - Intermediary bribery occurs when a state worker uses their position to facilitate benefits for a third party, while influence bribery involves close associates of state workers leveraging their relationships to gain benefits [1][2]. - The key difference lies in the nature of the relationship between the parties involved; intermediary bribery is strictly between state workers, whereas influence bribery can involve non-state workers as well [1][3]. Group 2: Case Analysis - The case presented involves two individuals, A and B, who have a professional relationship and a history of working together, leading to a request for assistance in a project that resulted in a bribe [2][4]. - There are differing opinions on how to classify the actions of A, with some arguing for ordinary bribery, others for influence bribery, and a third perspective supporting intermediary bribery based on the nature of A's position and actions [3][4]. Group 3: Judicial Interpretation - The Supreme People's Court has clarified that "using one's position" can include both direct authority and indirect influence through professional relationships [4][5]. - The analysis of the case suggests that A's actions were primarily influenced by their official position rather than personal relationships, supporting the classification of the behavior as intermediary bribery [5][6].
刘满仓被提起公诉
中国基金报· 2025-08-29 03:18
Core Viewpoint - The article discusses the investigation and prosecution of Liu Mancang, a former high-ranking official in Henan Province, for serious corruption charges including bribery and abuse of power [2][3][6]. Group 1: Investigation and Charges - Liu Mancang is accused of using his various official positions to gain illegal benefits for others and accepting substantial bribes, with the amounts being particularly large [3][6]. - The investigation was concluded by the National Supervisory Commission and the case was transferred to the Suzhou Municipal People's Procuratorate for prosecution [2][3]. Group 2: Background and Career - Liu Mancang held multiple significant positions, including Secretary of the Shangqiu Municipal Committee, Vice Governor of Henan Province, and Deputy Director of the Standing Committee of the Henan Provincial People's Congress [6][7]. - His career spanned several decades, with notable roles in local and provincial government, culminating in his position as Deputy Director of the Henan Provincial People's Congress until 2018 [7]. Group 3: Disciplinary Actions - Liu was expelled from the Communist Party and stripped of his benefits due to severe violations of party discipline and laws, including engaging in superstitious activities and accepting gifts and money [4][6]. - The decision to expel him was made by the Central Commission for Discipline Inspection and was based on his persistent misconduct after the 18th National Congress of the Communist Party [6].
三堂会审丨准确认定违规从事营利活动违纪和受贿犯罪
Core Points - The case involves Li, who used his position to help his sister secure engineering projects, resulting in profits of 1.25 million yuan for her [3] - Li's actions were classified as a violation of discipline, leading to his expulsion from the party and public office [4] - The court sentenced Li to 11 years and 6 months in prison for bribery, with a fine of 700,000 yuan [5] Summary by Sections Basic Case Facts - Li served as the Party Secretary and Chairman of Company B, a state-owned enterprise, from 2020 to 2022 [3] - He facilitated his sister's partnership in projects, resulting in her earning 1.25 million yuan [3] - Li received a total of 8.04 million yuan in illegal benefits through his position [3] Investigation Process - The investigation began on May 8, 2024, with Li being placed under detention on May 10, 2024 [4] - The case was transferred to the People's Procuratorate for prosecution on August 8, 2024 [4] - Li was expelled from the party and public office on September 12, 2024 [4] Court Proceedings - The People's Procuratorate filed charges against Li on September 30, 2024 [5] - The first-instance court sentenced him on February 17, 2025, and he appealed the decision [5] - The second-instance court upheld the original ruling on June 9, 2025 [6] Legal Analysis of Actions - Li's actions were deemed a violation of discipline for using his position to benefit his sister [10] - The distinction between bribery and violation of discipline was discussed, with Li's case not constituting bribery due to lack of intent to receive bribes [10] - The legal framework for defining bribery and violations of discipline was outlined, emphasizing the need for intent and the nature of the benefits received [9][13] Joint Bribery Considerations - The case also examined the concept of joint bribery, where Li and his sister were found to have conspired to receive benefits [15] - The court determined that the benefits received by Li were a result of their collusion, thus constituting joint bribery [16] Profit Distribution Analysis - The discussion included whether profits exceeding Li's investment share should be counted as bribery [17] - The court concluded that the excess profits were indeed part of the bribery scheme, as they were linked to Li's misuse of his position [21]