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On August 2, this reporter learned from the Supreme People's Procuratorate that Xie Shulin, former secretary of the Party Leadership Group and chairman of the Changsha Municipal Committee of the Chinese People's Political Consultative Conference in Hunan Province, who was investigated 11 years after leaving office, was transferred for review and prosecution.

The picture shows Xie Shulin's profile picture. He was investigated 11 years after he left office.

According to the report, the case of Xie Shulin (at the level of a department head), former Party Secretary and Chairman of the Changsha Municipal Committee of the Chinese People's Political Consultative Conference, suspected of favoritism and abuse of power while serving as a member of the Standing Committee of the Changsha Municipal Party Committee, Secretary of the Political and Legal Affairs Commission, and Secretary of the Party Committee of the Municipal Public Security Bureau, was filed and investigated by the People's Procuratorate of Hunan Province in accordance with the law. The investigation was concluded recently and the case was transferred to the duty crime prosecution department of the People's Procuratorate of Hunan Province for review and prosecution. At the same time, the case of his suspected bribery investigated by the Hunan Provincial Supervision Commission was also transferred to the People's Procuratorate of Hunan Province for review and prosecution. At present, the case is being further processed.

Served as Secretary of the Political and Legal Affairs Commission of Changsha Municipal Committee and Secretary of the Party Committee of Changsha Municipal Public Security Bureau

On January 29 this year, the Hunan Provincial Commission for Discipline Inspection and Supervision announced that Xie Shulin is suspected of serious violations of discipline and laws, and is currently undergoing disciplinary review and supervision investigation by the Hunan Provincial Commission for Discipline Inspection and Supervision.

According to his public resume, Xie Shulin was born in May 1954. He has served as director of the office, deputy director, director, and deputy secretary of the party group of the Changsha Price Bureau, secretary of the Liuyang Municipal Party Committee, secretary of the party group of the Changsha Municipal People's Armed Forces Department, and secretary of the Kaifu District Party Committee of Changsha.

In September 2000, Xie Shulin was appointed member of the Standing Committee of the Changsha Municipal Party Committee and Secretary of the Political and Legal Affairs Commission, and later concurrently Secretary of the Changsha Municipal Public Security Bureau Party Committee. In December 2007, Xie Shulin was appointed Deputy Secretary of the Changsha Municipal Party Committee, Secretary of the Political and Legal Affairs Commission, and Secretary of the Changsha Municipal Public Security Bureau Party Committee. He resigned as Secretary of the Municipal Party Committee Political and Legal Affairs Commission in May 2008, and as Secretary of the Changsha Municipal Public Security Bureau Party Committee in July 2008.

According to the official announcement, some of Xie Shulin's serious violations of discipline and laws occurred during his tenure as member of the Changsha Municipal Party Committee Standing Committee, Secretary of the Political and Legal Affairs Commission, and Secretary of the Party Committee of the Municipal Public Security Bureau.

Since 2010, Xie Shulin has served as the Party Secretary and Chairman of the Changsha CPPCC, and he stepped down in 2013. In addition, the reporter noted that less than a month before Xie Shulin was investigated, the official news released that Fan Xiaoxin, the former Chairman of the Changsha CPPCC in Hunan Province, was suspected of serious violations of discipline and law, and took the initiative to confess the problem to the organization and accept the disciplinary review and supervision investigation of the Hunan Provincial Commission for Discipline Inspection and Supervision. Fan Xiaoxin succeeded Xie Shulin as Chairman of the Changsha CPPCC in 2013 and stepped down in 2017.

Treating the area of ​​responsibility as "private territory" and continuing to do so even after leaving office

On July 25, the website of the Central Commission for Discipline Inspection and the National Supervisory Commission issued a notice. After investigation, it was found that Xie Shulin abandoned his original mission, lost his ideals and beliefs, ignored the party discipline and national laws, retired but did not retire, used his "second-line power" to make a fortune, was domineering, abused his power, treated his jurisdiction as his "private territory", and wantonly interfered and intervened in law enforcement, judicial affairs, engineering projects and personnel arrangements. He had no personal morals, did not manage his family properly, and his entire family engaged in family-style corruption.

He was disloyal and dishonest to the Party, and deliberately resisted organizational review; he ignored the spirit of the Central Committee's eight regulations and accepted gifts and money in violation of regulations; he was arbitrary and blatantly violated the rules of procedure, made personal decisions on major issues, concealed his real estate, and did not truthfully explain the problems during organizational talks. He used his power to illegally help his son tamper with the files and registered age, and used his power to illegally seek profits for others in the promotion of cadres, transfer and resettlement of civilians, etc.; he breached the bottom line of integrity, engaged in power-for-sex and money-for-sex transactions, and obtained large returns through private lending; he abused his power and interfered with and intervened in judicial activities; he had a corrupt family style and failed to supervise and educate his spouse and children; he abused his power for personal gain, engaged in power-for-money transactions, and accepted huge bribes.

The picture shows Xie Shulin's profile picture. He was criticized for his domineering style and abuse of power.

The "second-line power" mentioned in the notice refers to the power exercised by officials after they retreat to the second line, retire or leave office, using the residual power or influence they have while in office.

The notice also pointed out that Xie Shulin had seriously violated the party's political discipline, the spirit of the Central Committee's eight regulations, organizational discipline, integrity discipline, work discipline and life discipline, constituted a serious violation of duty and was suspected of bribery, and did not stop after the 18th National Congress of the Communist Party of China. The nature of his behavior is serious and the impact is bad, and he should be dealt with seriously. In accordance with the relevant provisions of the "Regulations on Disciplinary Punishment of the Communist Party of China", "Supervision Law of the People's Republic of China", "Administrative Punishment Law of the People's Republic of China for Public Officials" and other relevant regulations, after research by the Standing Committee of the Hunan Provincial Commission for Discipline Inspection and approval by the Hunan Provincial Party Committee, it was decided to expel Xie Shulin from the party; the Hunan Provincial Supervision Commission shall cancel his retirement benefits in accordance with regulations; confiscate his illegal gains; and transfer his suspected criminal issues to the procuratorate for review and prosecution in accordance with the law, and transfer the relevant property together.

Suspected of abuse of power for personal gain and bribery, to be investigated by the procuratorate and supervisory authorities respectively

On August 2, the Supreme People's Procuratorate reported that the case of Xie Shulin suspected of favoritism and abuse of power during his tenure as member of the Standing Committee of the Changsha Municipal Party Committee, Secretary of the Political and Legal Affairs Commission and Secretary of the Party Committee of the Municipal Public Security Bureau was transferred by the Hunan Provincial Procuratorate to the duty crime prosecution department of the Procuratorate for review and prosecution. At the same time, the case of his suspected bribery investigated by the Hunan Provincial Supervision Commission was transferred to the Hunan Provincial People's Procuratorate for review and prosecution.

It can be seen that Xie Shulin is mainly suspected of two crimes: bending the law for personal gain and accepting bribes. From previous official reports, it can be seen that Xie Shulin has interfered with and intervened in law enforcement and justice. So what are the corresponding circumstances of bending the law for personal gain?

According to the Criminal Law, "if a judicial officer perverts the law for personal gain or favoritism, prosecutes a person who is known to be innocent, deliberately shields a person who is known to be guilty from prosecution, or deliberately violates the facts and the law in criminal trials", it constitutes the crime of perverting the law for personal gain. It can be seen that Xie Shulin's "perversion of the law" involves at least one of causing others to suffer injustice, escaping guilt, or causing a perverted judgment.

It is worth noting that Xie Shulin was charged with the crimes of abuse of power for personal gain and bribery by the procuratorate and the supervisory authorities respectively. Most of the officials who were previously reported to have been dismissed were investigated separately by the supervisory authorities. Why is there a difference? This can be traced back to the adjustment of the criminal jurisdiction of the procuratorate and the supervisory authorities in 2018.

The Supervision Law and the revised Criminal Procedure Law, which were reviewed and passed in 2018, adjusted the jurisdiction over duty crimes, placing the "corruption and bribery crimes, and dereliction of duty crimes by state officials" that were previously under the jurisdiction of the procuratorate under the jurisdiction of the supervisory authority.

According to the new regulations, supervisory organs shall investigate suspected duty-related crimes such as embezzlement, bribery, abuse of power, dereliction of duty, rent-seeking, transfer of benefits, favoritism and fraud, and waste of state resources in accordance with the law; the People's Procuratorate may initiate an investigation into crimes such as illegal detention, torture, illegal search, etc. committed by judicial personnel who abuse their powers to infringe upon citizens' rights and undermine judicial justice when exercising legal supervision over litigation activities.

According to the Supreme People's Procuratorate, in the first half of this year, the procuratorate accepted 13,000 cases of duty-related crimes transferred by supervisory committees at all levels.

After the investigation of duty crimes under the jurisdiction of the supervisory organs is completed, they will be transferred to the procuratorate for examination and prosecution. According to the Supreme People's Procuratorate, in the first half of this year, the procuratorate accepted 13,000 duty crimes transferred by supervisory committees at all levels and prosecuted 9,437 people, up 44% and 32.6% year-on-year respectively, including 15 former provincial and ministerial officials.

Beijing News reporter Xing Haiyang

Editor: Fan Yijing Proofreader: Yang Li