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上市公司董事长郭柏春的资本“腾挪术”
Xin Lang Cai Jing· 2025-12-17 11:13
引言摘要 近日,媒体曝出银川市政府原党组成员、副市长郭柏春(副厅级)涉嫌挪用公款、滥用职权一案,已完 成审查起诉相关准备工作,正等待开庭通知。 该案因郭柏春"官员+高管"的双重身份、跨国追逃的曲折情节及背后盘根错节的资本网络,备受社会关 注。 12月12日,中国金融网刊发《涉案金融副市长被跨国追逃遣返》,以及指尖新闻刊发《银川市原副市长 郭柏春案待开庭 曾跨国追逃归案涉多项罪名》等报道披露了郭柏春一案的相关细节。 综合媒体报道与司法文件,银川市原副市长郭柏春、天娱数科前董事长徐德伟等人曾以"借款纾困"为幌 子,用5亿元国有资金铺路,上演了一出从"权力寻租"到"资本掌控"的连环操作。 这起看似单的违规借款,更像一场精心策划的、以公权谋私利的系统性腾挪——先动用国有资本为民营 企业"输血",再借道市场化运作完成身份转换,最终实现对目标公司的实际控制,其操作链条之隐蔽、 时间跨度之长,令人瞠目。 5亿国有资金违规"输血"背后 时间拨回到2016年12月。 彼时的郭柏春正担任银川市人民政府党组成员、副市长,手握金融监管重权。 作为分管金融的副市长,郭柏春一直被称为"资本运作高手",深谙国有资本的运作逻辑。 相关司法材 ...
看懂保险公司拒赔的“拖、赖、耗”手段,守护你的理赔权
吴晓波频道· 2025-07-25 17:03
Core Viewpoint - The article discusses the implications of the murder of the CEO of UnitedHealth Group, highlighting the company's high claim denial rate of 32% and the relevance of the book "Delay, Deny, Defend" in understanding insurance companies' strategies for denying claims [4][5]. Group 1: Insurance Claim Denial Strategies - The term "Delay" refers to insurance companies intentionally delaying claims processing, which can lead to prolonged financial strain on claimants [8][10]. - The term "Deny" signifies the practice of insurance companies refusing to acknowledge certain incidents as covered by insurance, often using confusing legal language to mislead consumers [16][22]. - The term "Defend" indicates that insurance companies may push consumers towards litigation, knowing that many will opt not to pursue legal action due to the complexities and costs involved [26][32]. Group 2: Comparison of Insurance Practices - The article emphasizes that while the U.S. insurance industry has a long history and experience, the claims handling and regulatory practices in China are often more consumer-friendly [36][41]. - It points out that U.S. insurance regulators may not provide the same level of transparency regarding claims data as seen in China, where regulatory bodies actively monitor and report on insurance company performance [43][45].
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].