权钱交易

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以明显高于市场的价格向请托人出租房屋如何定性
Zhong Yang Ji Wei Guo Jia Jian Wei Wang Zhan· 2025-09-24 01:29
Group 1 - The case involves a public official, Ding, who is accused of accepting bribes through a rental agreement that exceeded market prices, raising questions about the legality of his actions [1][2] - There are two main viewpoints regarding Ding's potential bribery: one argues that the rental agreement was a legitimate market transaction, while the other contends that Ding's knowledge of the request for favor constitutes bribery [2][3] - The essence of bribery is characterized by the exchange of power for benefits, and Ding's actions are scrutinized based on whether he used his official position to benefit another party [2][4] Group 2 - Ding's role in the public sector involved responsibilities related to external publicity, which connects him to the request made by Wang for business favors [3][4] - The rental agreement between Liu and Wang, which involved a payment significantly above market rates, is viewed as a means for Wang to curry favor with Ding, indicating a potential quid pro quo arrangement [6][7] - The legal framework suggests that both Ding and Liu may be considered co-conspirators in the bribery scheme, as Liu was aware of the inflated rental price and the implications of the arrangement [7]
穿透租赁表象识别受贿本质
Zhong Yang Ji Wei Guo Jia Jian Wei Wang Zhan· 2025-08-27 01:34
Core Viewpoint - The case illustrates a hidden bribery scheme disguised as a rental agreement, where the essence of the transaction is a quid pro quo relationship between a government official and a construction company owner [1][3]. Group 1: Case Details - The case involves a government official (甲) and a construction company owner (乙), where甲 used his position to assist乙 in municipal projects, leading to a rental agreement for a shop that乙 never intended to use [2]. -甲 purchased a shop in 2019 and later proposed that乙 rent it, despite乙's acknowledgment of the shop's poor location and lack of demand [2]. - The rental agreement was structured to appear legitimate, with甲 receiving a total of 384,000 yuan over four years, despite乙's company never actually using the shop [2][5]. Group 2: Legal Perspectives - There are three differing opinions on the nature of甲's actions: one views it as a legitimate civil transaction, another suggests it should be evaluated against market rental prices, while the third argues it is a clear case of bribery disguised as a rental agreement [3][4]. - The third viewpoint is supported by evidence that both parties were aware of the lack of genuine rental intent, indicating that the rental payments were essentially bribes for甲's official assistance [4][5]. Group 3: Conclusion on Bribery - The actions of甲 meet the criteria for bribery, as he knowingly exploited his position to benefit乙, who had no real need for the rental, thus confirming the transaction as a means of transferring benefits [5][6]. - The total amount received by甲 should be considered as the full bribe amount, as the rental payments were not based on a legitimate rental relationship but rather a facade for the exchange of favors [6].
“靠金融吃金融”敛财逾八千万,67岁农行原副行长被判无期
Nan Fang Du Shi Bao· 2025-08-26 00:09
Core Points - Former Vice President of Agricultural Bank of China, Lou Wenlong, was sentenced to life imprisonment for bribery, with the court confirming he accepted over 84.51 million yuan in bribes [1][6][7] - Lou's career spanned various roles in the financial regulatory system, including positions at the People's Bank of China and the China Banking Regulatory Commission before becoming Vice President of Agricultural Bank of China [2][3] - The investigation into Lou began following a routine inspection by the Central Inspection Team, leading to his arrest and subsequent expulsion from the Party [3][4][6] Company and Industry Summary - Lou Wenlong utilized his positions to facilitate regulatory approvals and financial transactions for others, receiving substantial illegal benefits in return [6][7] - The court highlighted that Lou's actions caused significant losses to the state and public interests, categorizing his bribery as particularly severe [7] - Lou is the fifth high-profile financial executive sentenced this year for corruption, indicating a broader crackdown on financial misconduct within the industry [7][8]
转任新职前收钱待履新后谋利构成受贿
Zhong Yang Ji Wei Guo Jia Jian Wei Wang Zhan· 2025-08-20 00:38
Core Viewpoint - The article discusses the evolving nature of bribery, highlighting a case where a public official accepted a bribe before assuming a new position, leading to a complex relationship between the act of receiving money and the subsequent provision of benefits [1][2][3]. Group 1: Case Analysis - The case involves Wang, a deputy mayor, and Zhang, a construction company owner, where Zhang gave Wang 300,000 yuan before Wang took office as the mayor of E Town, expecting Wang to facilitate business opportunities for him [1][2]. - There are two interpretations regarding the nature of Wang's acceptance of the bribe: one argues that there was no administrative relationship at the time of receiving the money, while the other asserts that Wang's actions constitute bribery due to the subsequent benefits provided to Zhang [2][4]. - The article supports the view that Wang's actions represent a clear case of bribery, as he accepted the money with the intent to provide benefits once in his new role [3][5]. Group 2: Legal Framework - The legal definition of bribery involves a quid pro quo relationship, where the acceptance of money is linked to the provision of benefits through the abuse of official power [4][6]. - The article emphasizes that the timing of the actions (receiving money before taking office and providing benefits after) does not negate the existence of a bribery relationship, as long as there is a substantive connection between the two actions [6][7]. - It concludes that Wang's acceptance of the bribe and subsequent actions to benefit Zhang are interconnected, thus fulfilling the criteria for bribery under the law [5][7].
以案明纪释法 | 准确识别以定向增发股份收益权为工具的利益输送
Zhong Yang Ji Wei Guo Jia Jian Wei Wang Zhan· 2025-08-13 00:04
Core Viewpoint - The article discusses the complexities surrounding the criminalization of state officials profiting from directed share placements, emphasizing the need for thorough investigations focusing on the nature of the transactions and the motivations behind them [1][5][11]. Summary by Sections Basic Case Facts - Wang, a former state-owned enterprise leader, and Li, the actual controller of a private investment company, developed a relationship that led to Wang facilitating Li's access to share placements [2][3]. - In 2014, Wang used his position to allocate shares from a state-owned company to Li's firm, which had previously been denied access [2]. Disputed Opinions - There are differing views on whether Wang's actions constitute bribery, with some arguing that the investment was a normal business opportunity, while others assert it was a clear case of bribery due to the nature of the transaction [5][6][11]. Analysis of Opinions - The article argues that the relationship between Wang and Li was not a legitimate market transaction but rather a form of power-for-money exchange, as Wang's actions were influenced by his official capacity [8][9][10]. - Wang's acquisition of shares was characterized by a lack of market risk, as Li guaranteed profits, which deviates from typical investment behavior [10][12]. Determining Bribery Amount - The article suggests that the total profit Wang received should be considered as the bribe amount, as it was a direct result of the power-for-money transaction [11][12]. - It emphasizes that the nature of the shares acquired by Wang was such that they were not typically accessible to ordinary investors, reinforcing the argument of an improper exchange [12][15][16].
中纪委一日处理三“虎”,均被指大搞权钱交易
Xin Lang Cai Jing· 2025-07-30 07:47
Group 1 - The central government has expelled three officials for serious violations of discipline and law, including Zhou Xi'an, Chen Shifei, and Wang Zhonghe [1][4][7] - Zhou Xi'an was found to have abused his power for personal gain, including accepting gifts and engaging in corrupt practices [3][6] - Chen Shifei was involved in significant corruption, using his position to facilitate illegal financial gains and engaging in "power-money" transactions [5][6] - Wang Zhonghe was accused of engaging in opportunistic behavior and forming connections with corrupt individuals, also involved in corrupt practices [8][9] Group 2 - Zhou Xi'an held various significant positions in the National Development and Reform Commission and was the Vice Chairman of the Anhui Provincial Political Consultative Conference before his expulsion [1][3] - Chen Shifei served as the Deputy Director of the National Medical Products Administration and was involved in the approval processes for drugs and vaccines during his tenure [4][5] - Wang Zhonghe had a long political career, including roles as the Mayor of Chifeng and the Secretary of the Chifeng Municipal Committee, before his retirement [8][9]
承诺斡旋并收钱但未实施斡旋是否为受贿既遂
Zhong Yang Ji Wei Guo Jia Jian Wei Wang Zhan· 2025-07-16 00:30
Core Viewpoint - The article discusses the legal classification of a case involving a public official, highlighting the distinction between bribery and fraud in the context of influence peddling [1][2][3]. Group 1: Case Overview - The case involves a public official (甲) who accepted 1 million yuan from a private entrepreneur (乙) in exchange for a promise to influence another official (丙) to assist乙 in avoiding criminal charges [1][2]. - There are three differing opinions on how to classify 甲's actions: as fraud, as attempted bribery, or as completed bribery [2][3]. Group 2: Legal Framework - According to Article 388 of the Criminal Law, public officials who use their position to obtain improper benefits for others and accept money can be charged with bribery, specifically influence peddling [2][5]. - Influence peddling is not a separate crime but a form of bribery that protects the integrity of public officials' duties [2][4]. Group 3: Analysis of Actions - 甲's actions meet the criteria for using his position to provide improper benefits, as he had the potential to influence丙 due to their relationship [3][5]. - The payment of 1 million yuan was based on 乙's trust in 甲's influence, indicating a direct relationship between the payment and 甲's position [6]. Group 4: Conclusion - The article concludes that 甲's acceptance of the payment, despite not having communicated with丙, constitutes completed influence peddling, as the act of accepting the money itself indicates a breach of duty [6].
以案明纪释法丨准确识别以“咨询服务费”为名行权钱交易之实
Zhong Yang Ji Wei Guo Jia Jian Wei Wang Zhan· 2025-07-16 00:30
Core Viewpoint - The article discusses the emergence of new forms of corruption, particularly focusing on the case of a public official who facilitated a consulting company to disguise illicit financial transactions under the guise of legitimate consulting services [1][5]. Summary by Sections Basic Case Facts - Li, a director at the A Province Market Supervision Administration, helped his associate Wang establish a consulting company to improve Wang's financial situation [2]. - Wang's company, B, was set up to provide consulting services related to standardization, but it lacked the necessary expertise and resources [3]. Nature of Services Provided - B Company did not deliver genuine consulting services as per the contracts signed with project applicants, leading to additional costs for those applicants to seek real consulting services elsewhere [3][11]. - The services provided were superficial and did not meet the standards of legitimate consulting practices, indicating that B Company was essentially a "shell company" [10][12]. Legal Opinions and Analysis - There are differing opinions on whether Li and Wang's actions constitute legitimate business operations or corruption. The second opinion, which is favored, argues that their actions were a coordinated effort to disguise bribery under the pretense of consulting services [5][6]. - The establishment of B Company was primarily for the purpose of facilitating bribery, as evidenced by the lack of genuine business operations and the nature of the services provided [9][10]. Criminal Implications - Li and Wang's actions are classified as joint bribery, as they conspired to use the consulting company as a front for receiving illicit payments [13][14]. - The total amount received by Wang, approximately 9 million yuan, is considered to be part of the bribery scheme, with Li having a general awareness of the financial transactions involved [15][16].
重庆多措并举纠治新型腐败和隐性腐败
Zhong Yang Ji Wei Guo Jia Jian Wei Wang Zhan· 2025-07-10 00:19
Core Viewpoint - The article discusses the efforts of Chongqing's disciplinary inspection and supervision agencies to combat new and hidden forms of corruption, emphasizing the need for innovative approaches and the use of big data for detection and investigation [2][3][6]. Group 1: New and Hidden Corruption Cases - Cases of new and hidden corruption in Chongqing include instances where individuals disguise corrupt activities, such as a hospital department head receiving bribes under the guise of borrowing and a local official using relatives as "money-laundering" proxies [2][3]. - The shift from direct bribery to more complex and deceptive forms of corruption complicates investigations, as offenders attempt to sever the connection between their official duties and the receipt of illicit benefits [3][4]. Group 2: Investigation Techniques - Chongqing's disciplinary agencies are employing big data analysis and collaborative efforts with various professional bodies to enhance the identification and investigation of corruption cases [3][4][5]. - For example, in a case involving the sports bureau, investigators identified discrepancies in electricity costs related to a sports event, which led to the uncovering of embezzlement [4]. Group 3: Challenges in Defining Corruption - The article highlights the challenges faced in defining and categorizing new forms of corruption, necessitating collaboration with auditing and legal professionals to ensure accurate assessments [5][6]. - A specific case illustrates how a retired official's actions were initially difficult to classify, but thorough evidence collection and legal interpretation ultimately led to a successful prosecution for bribery [5]. Group 4: Capacity Building - The article emphasizes the need for continuous improvement in the capabilities of disciplinary inspection agencies, including the establishment of expert databases and specialized training programs to enhance investigative skills [6]. - Efforts include targeted training sessions and practical exercises to strengthen the understanding of complex corruption cases among investigators [6].
“京城国企第一贪”被判死缓,沦为“一霸手”大肆向民企索贿
Nan Fang Du Shi Bao· 2025-06-30 05:46
Group 1 - Li Aiqing, former chairman of Beijing Capital Group, was sentenced to death with a two-year reprieve for bribery and abuse of power, marking a significant case in the capital's corporate governance [1][6][7] - The total amount of bribes Li Aiqing received exceeded 200 million yuan, making it the largest bribery case uncovered by the Beijing Supervisory Commission since the reform of the supervisory system [7][8] - Li Aiqing held leadership positions in major state-owned enterprises in Beijing for 18 years, significantly impacting the local economy and governance [4][5][6] Group 2 - The Beijing State-owned Assets Management Company, where Li served as chairman, is a key player in managing and operating government assets, with a focus on capital operation and investment [5][6] - Beijing Capital Group, another major enterprise under Li's leadership, specializes in environmental protection, real estate, infrastructure, and financial services, boasting total assets exceeding 400 billion yuan by the end of 2020 [5][6] - Li's actions led to significant losses for state-owned assets, highlighting the risks associated with concentrated power in state-owned enterprises [6][7]