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以案明纪释法丨涉房受贿对象、数额和犯罪形态问题辨析
内容提要: 实践中,党员领导干部利用职务便利为他人谋取利益,收受房产的情形并不少见。有的收受房产后未实 际居住,有的收受行贿人代为支付的房款,有的收受有抵押贷款的房产,有的收受行贿人与他人共有的 房产,上述情形各不相同,给受贿既未遂形态和犯罪数额的认定带来一定的难度。如何准确认定涉房受 贿的犯罪形态和犯罪数额,笔者认为,应当结合具体案情,按照主客观相一致的原则,实事求是予以认 定,尤其是要精准识别受贿犯罪对象和准确把握"实际控制"的既遂标准,由表及里、探究实质,从而依 法精准打击、惩治各类涉房腐败犯罪。 基本案情 孙某,某市城管委党组书记、主任。2016年至2024年,孙某利用职务便利,帮助私营企业主李某中标该 市多个园林绿化工程项目。 事实一:2017年3月,李某为感谢孙某的帮助,提议为孙某购买一套房产。后李某按照孙某的要求,以 孙某妻弟的名义为孙某购买了一套价值100万元的A房产,后又按照孙某要求出资20万元对该房产进行 改造、装修,并在装修完毕后将房产钥匙交给孙某,但是孙某及其家人直至案发尚未实际居住。 事实二:2018年11月,孙某儿子孙小某购买B房产作为婚房,在支付100万元房款后仍有50万元的房款 ...
中共中央、国务院:完善交通枢纽换乘换装设施布局 加强停车位、充电桩等便民设施建设
Xin Hua She· 2025-08-28 16:18
Group 1 - The core viewpoint of the article emphasizes the need for high-quality urban development through improved infrastructure and optimized urban space utilization [1] - The article highlights the importance of enhancing urban infrastructure layout, structure, and functionality, as well as strengthening system integration [1] - It discusses the efficient use of underground space and the construction of comprehensive underground utility corridors tailored to local conditions [1] Group 2 - The article mentions the acceleration of urban underground pipeline network construction and renovation [1] - It emphasizes the need for robust coverage of fifth-generation mobile communication networks (5G) and gigabit optical networks, along with optimized computing power facility layouts [1] - The article outlines the necessity of modernizing the comprehensive transportation system to improve intercity and intra-city commuting efficiency [1] Group 3 - It calls for the enhancement of water resource allocation and supply management systems in urban areas [1] - The article stresses the importance of improving transportation hub transfer facilities and the construction of convenient amenities such as parking spaces and charging stations [1]
贾康:从消费联系有效投资的“系统集成”认识
Sou Hu Cai Jing· 2025-07-30 13:34
Core Viewpoint - The article emphasizes the importance of "system integration" in boosting consumption and improving investment efficiency, highlighting the interconnectedness of consumption, investment, and overall economic operation [2][3]. Group 1: Economic Policy and Investment - The current macroeconomic policy is characterized by proactive fiscal measures and moderately loose monetary policy, focusing on "effective investment" to expand domestic demand [4][7]. - Government investment should target major strategic implementations and key areas of security capability, which will enhance economic vitality and create jobs [4][6]. - There is a misconception that government investment opportunities are saturated; however, numerous effective investment projects are available, particularly in urban infrastructure and disaster prevention [6][7]. Group 2: Employment and Economic Growth - Effective investment projects initiated by the government can immediately create job opportunities and stimulate market demand, akin to the "New Deal" approach [7][11]. - Long-term benefits of effective investment include structural optimization and enhanced economic resilience, contributing to national security and social stability [7][8]. Group 3: Comprehensive Performance and Externalities - The effectiveness of government investment should be evaluated beyond traditional cost-benefit analysis, considering the broader positive externalities and comprehensive performance of projects [8][9]. - Examples such as the Qinghai-Tibet Railway illustrate that some projects may not yield immediate financial returns but provide significant long-term national benefits [8][9]. Group 4: Systematic Approach to Government Investment - Government investment should be viewed as a systematic project, requiring a combination of policy direction, project planning, funding allocation, and quality management [11]. - Successful government investment involves a series of interconnected processes, including feasibility studies and post-completion maintenance, to ensure comprehensive effectiveness [11].
重庆:扩大充电桩、停车位等消费基础设施的有效投资
news flash· 2025-07-18 12:13
Group 1 - The core viewpoint of the article is the issuance of measures by the Chongqing Municipal Government to boost consumption through various supportive policies [1] - The measures include enhancing investment support for consumption, particularly in infrastructure such as charging stations and parking spaces [1] - The government plans to organize union activities to expand the scope of union member fee expenditures [1] Group 2 - There is an emphasis on utilizing a macro policy consistency evaluation mechanism to create a more favorable policy system for promoting consumption [1] - The measures also aim to improve the statistical monitoring mechanism for service consumption and new consumption formats, as well as to refine the comprehensive consumption statistics system [1]
刺激老百姓买房,湖北多地接连放大招
Sou Hu Cai Jing· 2025-07-07 01:05
Group 1 - Recent policies in Hubei province include lowering mortgage down payments to 15%, direct housing subsidies, and flexible use of public housing funds [2][3] - The city of Tianmen serves as a model, having implemented substantial housing subsidies and birth incentives, resulting in a significant increase in birth rates [3][4][8] - Tianmen's success demonstrates that financial incentives can effectively stimulate consumption and birth rates, prompting other cities in Hubei to adopt similar strategies [4][8][17] Group 2 - Hubei's financial capacity supports these initiatives, with a public budget revenue of 393.7 billion yuan in 2023, ranking 11th nationally [7] - The province's population structure is relatively healthy, with over 58 million residents, allowing for effective policy implementation [7][8] - The policies aim to reduce living costs and enhance consumer spending power, addressing the economic challenges posed by declining population dividends and consumption downgrades [11][16] Group 3 - The approach taken by Hubei is seen as a shift towards prioritizing citizen welfare over mere GDP growth, indicating a change in governance philosophy [21][22] - The success of Tianmen's policies, including a birth rate increase to 6.77‰ and a rise in housing sales, serves as evidence that direct financial support can revitalize the economy [14][17] - Hubei's actions provide a template for other regions, emphasizing the importance of substantial financial incentives to stimulate economic activity [22][23]
10.7亿元!这家房企出售物业抵债
券商中国· 2025-06-20 12:52
Core Viewpoint - Several real estate companies are reported to be selling assets to address financial challenges and optimize their operations [1][2]. Group 1: Rongwanjia's Debt Settlement - Rongwanjia announced a debt settlement framework agreement with its major shareholder, Rongsheng Development, involving the sale of properties to offset a debt balance of approximately 1.07 billion yuan [2][3]. - The properties to be sold include 12,700 parking spaces, 5,479 storage units, and 112 residential, apartment, and commercial units across various provinces [3]. - Following the acquisition, the company's inventory is expected to increase by about 1.07 billion yuan, while accounts receivable will decrease by the same amount, potentially enhancing revenue and cash flow from future property sales [3][4]. Group 2: China Communications Real Estate's Asset Sale - China Communications Real Estate announced a major asset sale plan, proposing to transfer its real estate development assets and liabilities to its controlling shareholder for a nominal price of 1 yuan [5][6]. - This transaction aims to shift the company's focus towards property services and asset management, facilitating a strategic transition to a light asset operation model [5][6]. - The company has been facing continuous losses in its real estate development business, with a reported net asset deficit of approximately 357.89 million yuan by the end of 2024, indicating a risk of delisting [6].
10.7亿元!这家房企出售物业抵债
Zheng Quan Shi Bao· 2025-06-20 10:51
Group 1 - Several real estate companies are reported to be selling assets to recover debts [1] - Rongwanjia (02146.HK) announced a debt compensation framework agreement with its major shareholder Rongsheng Development (002146), involving the sale of properties to offset a debt balance of approximately 1.07 billion [2][3] - The properties to be sold include 12,700 parking spaces, 5,479 storage units, and 112 residential, apartment, and commercial units across various provinces [2][3] Group 2 - Zhongjiao Real Estate announced a major asset sale plan, proposing to transfer its real estate development assets and liabilities to its controlling shareholder for a nominal price of 1 yuan [4][5] - This transaction aims to focus the company on property services and asset management, transitioning to a light asset operation model [4][5] - The company has been facing continuous losses in its real estate development business, with a projected net asset of -3.579 billion by the end of 2024, indicating a risk of delisting [5]
10.7亿元!这家房企出售物业抵债
证券时报· 2025-06-20 10:40
Core Viewpoint - Several real estate companies are reported to be selling assets to address financial challenges and optimize their balance sheets [1]. Group 1: Rongwanjia's Debt Settlement - Listed property company Rongwanjia (02146.HK) announced a debt settlement framework agreement with its major shareholder Rongsheng Development (002146), involving the sale of properties to offset a debt balance of approximately 1.07 billion yuan [2][5]. - The properties to be sold include 12,700 parking spaces, 5,479 storage units, and 112 residential, apartment, and commercial units across various provinces [5]. - The agreement stipulates that the purchase price for the properties will offset the debt balance, resulting in an increase of approximately 1.07 billion yuan in inventory and a corresponding decrease in accounts receivable [6]. Group 2: China Communications Real Estate's Asset Sale - China Communications Real Estate announced a major asset sale plan, proposing to transfer its real estate development-related assets and liabilities to its controlling shareholder for a nominal price of 1 yuan [3][8]. - This transaction aims to focus the company on property services and asset management, transitioning to a light asset operation model [8]. - The company has been facing continuous losses in its real estate development business, with a reported net asset deficit of 3.579 billion yuan by the end of 2024, prompting the need to divest loss-making assets [9].
这家房企“掏家底”艰难化债,实物资产抵偿10亿应付款
Di Yi Cai Jing· 2025-06-19 15:01
Core Viewpoint - Real estate companies are increasingly using asset-backed debt repayment strategies to manage their financial obligations, with a notable example being Rongwanjia's recent agreement to convert receivables into physical assets worth approximately 1.07 billion yuan [1][2]. Group 1: Debt Restructuring Strategies - Rongwanjia announced a debt repayment framework agreement with Rongsheng Development, involving the acquisition of assets valued at 1.07 billion yuan to offset receivables [2][3]. - The total amount of debt resolved through asset-backed transactions by Rongsheng Development has reached 3.383 billion yuan, including previous agreements with suppliers [1][4]. - The real estate sector is witnessing an acceleration in debt restructuring efforts, with many companies exploring various strategies, including asset-backed debt repayment [1][3]. Group 2: Financial Performance and Challenges - Rongwanjia's accounts receivable stood at 2.116 billion yuan in 2024, exceeding its revenue of 1.959 billion yuan for the same period, indicating significant financial pressure [2][3]. - The company has recorded a decline in revenue and net profit over the past few years, with revenues dropping from 2.563 billion yuan in 2021 to 1.957 billion yuan in 2024 [3]. - Rongsheng Development has faced substantial financial challenges, reporting a net loss of 8.4 billion yuan in 2024 and a cash decline to 1.648 billion yuan by the end of the first quarter of 2024 [6]. Group 3: Asset Types and Transactions - The assets involved in the recent debt repayment include 12,700 parking spaces, 5,479 storage units, and 112 residential and commercial units across various provinces [2][3]. - Previous asset-backed debt repayment transactions by Rongsheng Development included the use of land and property assets to settle approximately 810 million yuan in debts [4][5]. - The company has also explored equity-based debt repayment strategies, proposing to use shares from its subsidiaries to address a total of 16 billion yuan in debts [6].
荣万家(02146)与荣盛发展订立2025年债务抵偿框架协议
智通财经网· 2025-06-18 09:03
Core Viewpoint - The company has established a debt compensation framework agreement with Rongsheng Development to recover outstanding receivables through the acquisition of properties, amidst challenges in the real estate market and liquidity tightening [1][2][3] Group 1: Debt Compensation Framework - The company successfully settled receivables amounting to RMB 288 million under the debt compensation framework agreement [1] - A new debt compensation framework agreement for 2025 has been signed, with a total value of RMB 1.07 billion for property acquisition to offset outstanding receivables [1] - The company has the discretion to refuse to offset debts if any properties experience adverse changes before the offset [1][2] Group 2: Market Context and Challenges - Rongsheng Development, like other Chinese real estate developers, is affected by a sluggish real estate market and liquidity issues, leading to difficulties in settling receivables [2] - The company has faced challenges in executing the debt compensation framework due to properties being seized or frozen by the government or courts shortly after the agreement's effective date [2] Group 3: Future Strategies and Market Opportunities - The company plans to sell the acquired properties to third-party buyers to recover cash, leveraging its experience in property management to identify parking space demands [3] - The ongoing urbanization in China is expected to enhance the market value of residential properties, particularly in key cities, driven by population influx and improved housing policies [3] - The company is considering selling properties through debt compensation to downstream suppliers and has established a specialized sales team to facilitate property disposal [3]