国有公司人员滥用职权罪
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三堂会审丨一起公职人员滥权诸行为的纪法罪辨析
Zhong Yang Ji Wei Guo Jia Jian Wei Wang Zhan· 2025-12-31 01:30
Core Viewpoint - The article discusses the case of Huang, a former executive of a state-owned grain company, who engaged in multiple violations of regulations, including misuse of public vehicles, abuse of power, and embezzlement, leading to significant financial losses for the state-owned enterprise [1][3][4]. Misuse of Public Resources - Huang used company vehicles for personal commuting from 2013 to 2016, violating regulations against private use of public vehicles [3][8]. - His actions not only caused economic losses but also damaged the integrity of the party and public trust [8]. Abuse of Power - Huang approved excessive prepayments to a trading company without collective decision-making, resulting in a loss of 8.27 million yuan for the state-owned company [3][9][10]. - He signed false contracts and created fictitious inventory to cover up the unauthorized transactions, demonstrating a clear intent to bypass regulations [9][10]. Embezzlement and Misappropriation - Huang misappropriated 1.5 million yuan of public funds for personal use, which remained unpaid at the time of the investigation, indicating a severe breach of trust [13][14]. - The misappropriation was characterized as a crime under the law, with the amount exceeding the threshold for severe penalties [15]. Legal Proceedings - The case was formally investigated in December 2021, leading to Huang's arrest and subsequent prosecution for multiple charges, including bribery and abuse of power [4][5]. - In August 2023, Huang was sentenced to ten years in prison and fined 500,000 yuan, with the verdict upheld in December 2023 [4][5].
检察机关依法分别对胡延生、张巍、潘发勇提起公诉
Yang Shi Wang· 2025-11-24 08:27
Core Viewpoint - The news reports on the prosecution of three officials in China for various corruption-related charges, highlighting ongoing efforts to combat corruption within government ranks [1][2][3][4] Group 1: Prosecution of Hu Yansheng - Hu Yansheng, former deputy leader of the Jilin Provincial Inspection Team, is prosecuted for bribery, having allegedly used his positions to illegally accept significant amounts of money [2] - The case was transferred from the Jilin Provincial Supervisory Committee to the White City People's Procuratorate for legal proceedings [2] - The prosecution claims that Hu Yansheng's actions involved a particularly large sum of illicit gains [2] Group 2: Prosecution of Zhang Wei - Zhang Wei, former deputy director of the Jilin Provincial Financial Committee Office, faces charges of embezzlement, abuse of power, and bribery [3] - The investigation concluded by the Jilin Provincial Supervisory Committee led to the case being sent to the White City People's Procuratorate [3] - Zhang Wei is accused of misappropriating public funds and causing significant losses to national interests during his tenure [3] Group 3: Prosecution of Pan Fayong - Pan Fayong, former member of the Bi Jie Municipal Committee and head of the United Front Work Department, is charged with bribery [4] - The case was also transferred from the Guizhou Provincial Supervisory Committee to the Qiandongnan Prefecture People's Procuratorate for prosecution [4] - Pan Fayong allegedly used his official positions to illegally accept substantial amounts of money for personal gain [4]
三堂会审丨国企人员违反工作纪律及滥用职权相关问题分析
Zhong Yang Ji Wei Guo Jia Jian Wei Wang Zhan· 2025-11-05 00:56
Core Viewpoint - The article discusses the case of Zhao, a former executive of a state-owned enterprise, who is implicated in multiple violations of party discipline and criminal offenses, including abuse of power and bribery, leading to significant financial losses for the company [1][4]. Summary by Sections Basic Case Facts - Zhao served as the Party Secretary and Chairman of a state-owned materials company and later as Chairman of a state-controlled company. He was expelled from the Party in 2017 for serious violations of work discipline [2][3]. - Zhao engaged in risky commodity trading without real asset transfers, resulting in substantial losses for the company due to the failure of trading partners [2][3]. Bribery and Abuse of Power - From 2005 to 2017, Zhao accepted bribes totaling over 21.91 million RMB while in office and after leaving, leveraging his position to benefit certain individuals and companies [3][12]. - Zhao personally guaranteed loans for a private metallurgy company without proper authorization, leading to a court ruling that imposed a liability of over 56.03 million RMB on his company [3][10]. Investigation and Legal Proceedings - In August 2023, Zhao was investigated for suspected job-related crimes, leading to formal charges in July 2024 and a public prosecution in March 2025 [4][5]. - On June 20, 2025, Zhao was sentenced to 11 years and 6 months in prison for his crimes, including a fine of 2 million RMB [4][5]. Application of Disciplinary Regulations - The article emphasizes the importance of accurately applying disciplinary regulations to clarify the boundaries between violations of party discipline and criminal acts, particularly in cases involving state-owned enterprise personnel [6][7]. - Zhao's actions were deemed to violate work discipline as he knowingly engaged in high-risk transactions that led to significant losses, warranting disciplinary action under the Party's regulations [8][9]. Financial Misconduct and Consequences - Zhao's unauthorized guarantees for loans and his involvement in risky trading practices resulted in severe financial repercussions for the state-owned enterprise, highlighting the need for stringent oversight and accountability in state-owned companies [10][11]. - The case illustrates the legal framework surrounding the abuse of power in state-owned enterprises, emphasizing the consequences of such actions on national interests [10][11].
以案明纪释法 | 国有公司人员滥用职权相关问题辨析
Zhong Yang Ji Wei Guo Jia Jian Wei Wang Zhan· 2025-08-20 00:38
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]
以案明纪释法丨穿透股权收益权融资表象 准确识别权钱交易本质
Zhong Yang Ji Wei Guo Jia Jian Wei Wang Zhan· 2025-05-06 23:51
Group 1 - The core concept of equity income rights financing agreements involves separating ownership and income rights to meet specific financing needs, which can be exploited for illicit benefits in cases of bribery [1] - In a case involving a state-owned company, an executive misused their position to facilitate a private company's financing through an equity income rights agreement, leading to significant financial losses for the state-owned entity [2][3] - The financing agreement was structured to avoid regulatory scrutiny by transferring only income rights, allowing the actual investors to remain anonymous [1][2] Group 2 - The private company, B, sought investment from the state-owned A company for a high-end medical device project, but faced challenges due to high initial costs and long profit cycles [2] - The executive, referred to as A, facilitated the investment by manipulating project evaluations and bypassing standard risk controls, resulting in a 600 million yuan investment from A company into B's project [2][3] - Following B's successful IPO, the executive arranged for a low-priced transfer of income rights, which significantly undervalued the asset compared to market rates, indicating a potential scheme for profit extraction [3][8] Group 3 - The case raised legal debates regarding whether the executive's actions constituted bribery or merely market transactions, with differing opinions on how to assess the value of the received benefits [4][5] - The analysis concluded that the executive's actions were indeed a form of bribery, as they involved a clear agreement to exchange benefits for favorable treatment in investment decisions [6][11] - The executive's actions led to a significant loss for the state-owned company, amounting to 180 million yuan due to the misrepresentation of the private company's financial health [3][12]