滥用职权罪
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三堂会审丨准确区分违反工作纪律和滥用职权罪
Zhong Yang Ji Wei Guo Jia Jian Wei Wang Zhan· 2026-01-21 00:23
Core Viewpoint - The case of Jin, a former deputy director of the B District Management Committee in A City, highlights the issues of work discipline violations and abuse of power, particularly in the context of significant financial risks and the mismanagement of state assets [3][10][12]. Summary by Sections Basic Case Facts - Jin joined the Communist Party of China in September 2004 and held positions including deputy director of the B District Management Committee [4]. - From 2015 to 2020, Jin illegally accepted bribes totaling 1.23 million yuan [5]. - In 2021, Jin made unauthorized payments of over 5.26 million yuan to Company C for equipment that was never delivered, despite knowing the associated financial risks [5][9]. Investigation and Legal Proceedings - On June 19, 2024, the A City Discipline Inspection Commission initiated an investigation into Jin's serious violations [6]. - Jin was expelled from the Party and removed from public office on September 9, 2024, and subsequently charged with bribery and abuse of power [7]. - On October 24, 2024, the D District People's Procuratorate filed a public prosecution against Jin [8]. Legal Analysis and Opinions - There are differing opinions on whether Jin's actions constitute a violation of work discipline or abuse of power. The second opinion, which is favored, argues that his actions meet the criteria for abuse of power under criminal law [10][11]. - Jin's actions resulted in significant losses to state assets, which is a key factor in determining the severity of his offenses [12][13]. Financial Loss Assessment - Between 2018 and 2021, the B District Management Committee made two payments totaling over 9.86 million yuan to Company C, with 5.26 million yuan being paid without proper authorization [14]. - The total loss incurred due to Jin's actions is recognized as exceeding 5.26 million yuan, with some funds recovered post-investigation [16][17]. Sentencing Considerations - Jin's case includes elements of both self-reporting and cooperation with authorities, which may influence sentencing. His actions during the investigation, including confessing to previously undisclosed bribery, are considered mitigating factors [18][19].
涉嫌滥用职权、内幕交易等 南京市人大常委会原主任龙翔被公诉
Xin Jing Bao· 2026-01-13 02:51
Core Viewpoint - The case of Long Xiang, former director of the Nanjing Municipal People's Congress, involves serious allegations of corruption, bribery, abuse of power, and insider trading, leading to his arrest and prosecution by the judicial authorities [1][2]. Group 1: Allegations and Charges - Long Xiang is accused of illegally occupying public property through fraudulent means, with the amount involved being particularly large [2]. - He allegedly used his positions in various governmental roles to benefit others and illegally accepted substantial amounts of money [2]. - The charges include abuse of power resulting in significant losses to public property and the interests of the state and people, with the circumstances being particularly severe [2]. - Long Xiang is also charged with insider trading, having acquired confidential information that significantly affected securities trading prices before it was publicly disclosed [2]. Group 2: Legal Proceedings - The National Supervisory Commission concluded its investigation and transferred the case to the prosecutorial authorities for review and prosecution [1]. - The Supreme People's Procuratorate has made an arrest decision based on the charges of embezzlement, bribery, abuse of power, and insider trading [1]. - The case has been consolidated for prosecution by the Jingzhou People's Procuratorate, which has already filed a public prosecution with the Jingzhou Intermediate People's Court [1].
受贿数额特别巨大 南京市人大常委会原党组书记、主任龙翔被提起公诉
Yang Shi Xin Wen· 2026-01-13 02:29
Core Viewpoint - The case of Long Xiang, former director of the Nanjing Municipal People's Congress, involves serious allegations of corruption, bribery, abuse of power, and insider trading, leading to his arrest and prosecution by the judicial authorities [1][2]. Group 1: Allegations and Charges - Long Xiang is accused of embezzling and illegally occupying public property through fraudulent means, with the amount involved being particularly large [2]. - He allegedly used his positions in various governmental roles to benefit others and illegally accepted substantial amounts of money [2]. - The charges also include abuse of power that resulted in significant losses to public property and national interests, with the circumstances being particularly severe [2]. - Long Xiang is implicated in insider trading, having obtained non-public information that significantly affected securities prices before purchasing those securities [2]. Group 2: Legal Proceedings - The National Supervisory Commission concluded its investigation and transferred the case to the prosecutorial authorities for review and prosecution [1]. - The Hubei Provincial Jingzhou People's Procuratorate has been designated to handle the case, which includes the insider trading allegations [1]. - The Jingzhou People's Procuratorate has initiated public prosecution against Long Xiang in the Jingzhou Intermediate People's Court [1].
村干部能否构成滥用职权罪?
Zhong Yang Ji Wei Guo Jia Jian Wei Wang Zhan· 2025-11-12 00:38
Core Viewpoint - The case discusses the legal implications of a village official's abuse of power in the context of public property and compensation, highlighting differing opinions on whether the actions constitute a crime under the law [1][2]. Group 1: Legal Classification of Actions - There are three opinions regarding the classification of Chen's actions: 1. Chen and Pan are co-conspirators in embezzlement due to Chen's facilitation of Pan's fraudulent claims [2]. 2. Pan committed fraud independently, while Chen's actions, though improper, do not constitute complicity in fraud due to lack of intent to illegally possess public property [2]. 3. Chen, while assisting the government, can be considered a public official and his actions amount to abuse of power, leading to significant losses for the state [2][3]. Group 2: Definition of Public Officials - Village officials can be recognized as public officials when assisting government functions, as per legal interpretations that include those acting on behalf of state agencies [3][4]. - The case illustrates that Chen, as a village party secretary and committee director, was acting under government delegation, thus qualifying as a public official [4]. Group 3: Subjective Intent and Actions - Chen lacked the intent to illegally possess public property, as his actions were driven by personal relationships rather than a desire for personal gain [5][6]. - The absence of a conspiracy to embezzle public funds between Chen and Pan indicates that Chen's actions were not criminally conspiratorial [5][6]. Group 4: Objective Consequences of Actions - Chen's failure to properly audit compensation claims led to significant financial losses for the state, amounting to over 4 million yuan in fraudulent compensation [1][6]. - The abuse of power manifested through Chen's negligence in fulfilling his duties, resulting in substantial harm to public interests [6].
三堂会审 | 违规从事营利活动与受贿犯罪相关问题分析
Zhong Yang Ji Wei Guo Jia Jian Wei Wang Zhan· 2025-10-22 00:55
Core Points - The article discusses the case of Wang, a former official, who engaged in various corrupt activities, including providing intermediary services for private loans and accepting bribes, leading to his conviction for bribery and abuse of power [2][4][12]. Group 1: Case Background - Wang joined the Communist Party in December 1997 and held several positions, including Deputy Secretary of the C Town Party Committee and Deputy District Governor of E District [2]. - From December 2009 to September 2010, Wang provided intermediary services for private loan activities, earning a total of 250,000 RMB [2]. - Between 2003 and 2023, Wang illegally accepted over 8.29 million RMB in bribes while leveraging his official position [2]. Group 2: Investigation and Legal Proceedings - The investigation into Wang's activities began on May 5, 2023, leading to his detention on May 17, 2023 [3]. - On November 10, 2023, Wang was expelled from the Party and removed from public office [4]. - The case was transferred to the People's Procuratorate for prosecution on November 13, 2023, and a public prosecution was initiated on December 27, 2023 [4]. Group 3: Legal Analysis of Corruption - The distinction between engaging in paid intermediary activities and bribery is emphasized, focusing on whether the official used their position to benefit others [7][8]. - Wang's actions were classified as a violation of discipline rather than bribery since he did not leverage his official capacity to benefit the parties involved in the loan transactions [8]. - Wang's acceptance of 1 million RMB disguised as "dividends" from a mining project was determined to be bribery, as he used his position to facilitate the arrangement [9][12]. Group 4: Financial Implications - Wang's acceptance of 620,000 RMB in cash from a relative, who was a private entrepreneur, was recognized as completed bribery, with an additional 4.59 million RMB in interest classified as criminal proceeds [13][15]. - The legal framework for determining the nature of Wang's financial transactions is discussed, highlighting the importance of actual control over the funds received [15][17].
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]
以案明纪释法丨准确认定挪用公款给“一人公司”使用的行为性质
Zhong Yang Ji Wei Guo Jia Jian Wei Wang Zhan· 2025-07-23 00:16
Core Viewpoint - The case revolves around the actions of Wang, a local party secretary, who is accused of misappropriating public funds by lending a significant amount to a company controlled by a private individual, which raises questions about the legality and ethical implications of such actions [2][5][15]. Summary by Sections Basic Case Facts - Wang, as the party secretary, lent a total of 25 million yuan of public funds to a company owned by Li, with an agreement to pay interest at an annual rate of 8% [2]. - By the time of the investigation in 2020, 22 million yuan of the loan remained unpaid due to poor management of the borrowing company [2]. Decision-Making Process - The funds were managed by a committee that Wang led, but the decision to lend the money was not genuinely collective, as it was primarily driven by Wang's directives [3][12]. - The formalities of collective decision-making were bypassed, indicating a lack of true consensus among the leadership [11][12]. Legal Opinions - There are three differing opinions on how to classify Wang's actions: 1. Some argue that the actions do not constitute a crime as they were framed as a collective decision [5]. 2. Others suggest it constitutes abuse of power due to the violation of decision-making protocols [5]. 3. The prevailing opinion is that it constitutes misappropriation of public funds, as the funds were effectively lent to an entity that lacked independent legal status, equating to lending to an individual [5][9][15]. Legal Framework - The legal interpretation of misappropriation of public funds includes scenarios where public funds are used for personal benefit, which applies in this case due to the financial intermingling between the company and its sole shareholder [6][8][9]. - The distinction between lending to a company versus an individual is crucial, as the latter is more likely to be classified as misappropriation [7][9]. Implications of Personal Benefit - Wang's actions were not solely for the benefit of the public entity, as there were indications of personal gain, such as arranging employment for his son through the private company [15]. - The intertwining of personal and public interests complicates the legal standing of the case, as it suggests a dual motive behind the decision to lend the funds [14][15]. Conclusion on Legal Consequences - Given the significant amount involved and the nature of the actions, the case is likely to result in severe legal repercussions, including potential charges of both misappropriation of public funds and abuse of power [16].
三堂会审丨玩忽职守还是滥用职权
Zhong Yang Ji Wei Guo Jia Jian Wei Wang Zhan· 2025-07-16 00:30
Core Viewpoint - The case involves a former official, referred to as A, who is accused of negligence in approving land use permits, leading to significant state asset losses amounting to over 1.48 billion yuan [6][10][17]. Summary by Relevant Sections Basic Case Facts - A served as the deputy director and director of the Natural Resources Bureau in B District from 2019 to 2024, during which he allegedly accepted bribes totaling 350,000 yuan and gold bars worth approximately 90,560 yuan [4]. Negligence in Duty - A was responsible for the approval of land use permits and failed to verify the authenticity of application materials submitted by company B, which led to the issuance of 106 permits to ineligible individuals [5][6][10]. Investigation and Legal Proceedings - The investigation began on May 30, 2024, leading to A's expulsion from the party and public office, followed by the transfer of the case to the People's Procuratorate for prosecution on August 27, 2024 [7][8]. Court Ruling - On December 30, 2024, A was sentenced to four years in prison and fined 250,000 yuan for both bribery and negligence [8][20]. Assessment of Losses - The value of the land use rights associated with the improperly issued permits was assessed at over 1.48 billion yuan, which was confirmed by a qualified evaluation agency [17]. Legal Interpretation of Negligence - The legal definition of negligence in this context emphasizes the failure to perform duties responsibly, resulting in significant losses to public assets [9][10][12]. Distinction from Abuse of Power - There was a discussion regarding whether A's actions constituted abuse of power; however, it was concluded that his actions were more aligned with negligence rather than intentional misconduct [13][15].
以案明纪释法丨村干部在拆迁工作中侵占补偿款的行为性质分析
Zhong Yang Ji Wei Guo Jia Jian Wei Wang Zhan· 2025-07-02 01:06
Group 1 - The core argument revolves around the classification of village cadres as state workers based on their engagement in public duties, particularly in the context of land expropriation and compensation [1][9] - Case one illustrates a scenario where village cadre A and official B conspired to fraudulently obtain over 5 million yuan in compensation by fabricating population and land area documents, raising questions about their legal accountability [2][4] - Case two involves cadre C, who improperly allocated compensation to individuals not entitled to it, resulting in over 5 million yuan in losses, highlighting the misuse of authority in local governance [3][5] Group 2 - There are differing opinions on the legal classification of the actions taken by cadres A and C, with one view suggesting they committed abuse of power, while another argues for the classification of their actions as embezzlement [4][14] - The distinction between public duties and village management is crucial in determining the legal status of village cadres, as their actions may fall under different legal frameworks depending on their engagement in governmental functions [7][9] - The analysis emphasizes that the nature of the funds involved—whether they are public or collective assets—plays a significant role in determining the applicable legal consequences for the actions of the village cadres [12][13]
三堂会审丨贪污伴随的滥用职权行为是否应单独评价
Zhong Yang Ji Wei Guo Jia Jian Wei Wang Zhan· 2025-06-18 00:16
Core Points - The case involves three individuals (A, B, C) conspiring to falsely inflate seed procurement quantities, resulting in an overpayment of 120,000 yuan to Company C, which they later divided among themselves [5][9][10] - A, while serving as the head of the Agricultural Technology Promotion Station, engaged in corrupt practices, including embezzlement and bribery, totaling 2.08 million yuan in bribes and 460,000 yuan in collusion with another employee [6][12][14] - The investigation led to A being expelled from the party and public office, with subsequent criminal charges filed for embezzlement, bribery, and collusion [7][18][20] Summary by Sections Basic Case Facts - A was responsible for a seed procurement contract, where he, along with B and C, conspired to create a false procurement quantity, leading to an illegal return of 120,000 yuan [4][5] - A's actions included receiving bribes from multiple suppliers, totaling 2.08 million yuan over a decade [6][12] Investigation Process - The investigation began on September 25, 2023, with A being placed under detention, followed by disciplinary actions and criminal charges [7][19] - A was convicted on April 30, 2025, receiving a combined sentence of seven years in prison and a fine of 550,000 yuan [7][18] Legal Interpretations - The actions of A, B, and C were classified as joint embezzlement rather than bribery, as they involved the illegal appropriation of public funds [8][9] - The court determined that A and another employee, D, engaged in joint bribery, with A being the principal actor and D playing a secondary role [15][16]