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Opening remarks

Using people as a mirror, we can understand our gains and losses; using cases as a mirror, we can correct discipline. Using typical negative cases to carry out warning education is an important measure to promote the "three no's" in an integrated manner, and it is a powerful tool to promote party members and cadres to build a strong ideological defense line. In order to make good use of cases around us, deepen and implement discipline and law education, and guide the majority of party members and cadres to be alert, know the bottom line, know awe, and be cautious, the "Clean Sichuan" website and WeChat public account will launch the "Use Cases as a Mirror" column from February 14, 2023.

This column focuses on the "petty corruption" that occurs around the masses and erodes their vital interests. By analyzing typical cases of violations of discipline and law by grassroots party members and public officials from multiple angles, it not only serves as a warning, but also explains discipline and law. It continues to play the role of using cases around us to educate and warn those around us, and continuously promotes the in-depth development of comprehensive and strict governance of the party.

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【files】

Liu Jian, male, Han nationality, was born in March 1978 in Longchang, Sichuan. He started working in October 1999 and joined the Communist Party of China in January 2001. He had served as deputy secretary and mayor of the Huangjia Town Party Committee of Longchang City, secretary of the Shuangfeng Town Party Committee, and director of the Longchang Poverty Alleviation and Development Bureau, and former secretary and director of the Longchang Rural Revitalization Bureau.

In July 2023, Liu Jian was subject to disciplinary review and supervision investigation by the Longchang Municipal Commission for Discipline Inspection and Supervision for suspected serious violations of discipline and law.

In December 2023, Liu Jian was expelled from the Party and removed from public office for serious violations of Party discipline, committing duty-related violations and suspected bribery.

In May 2024, Liu Jian was sentenced to three years and six months in prison and a fine of RMB 300,000 for the crime of accepting bribes.

【Case Detective】

When it comes to Liu Jian, people think he is gentle, hardworking and diligent. He served as deputy mayor at the age of 28, and later served in many important positions such as mayor, town party secretary, and party group secretary of the Poverty Alleviation and Development Bureau. He should have a bright future. Who would have thought that Liu Jian would be corrupt all the way in his 15 years in leadership positions, and become a serious "source of pollution" in the political ecology.

"When I think of my own behavior, I feel ashamed. I hate the mistakes I have made. It was me who pursued fame and fortune, and coveted pleasure, and dug my own grave and brought about my own destruction." Nowadays, Liu Jian often wakes up in the middle of the night and cries secretly, asking himself countless times why?

Liu Jian, former secretary of the Party Committee and director of the Longchang Municipal Rural Revitalization Bureau, is under investigation.

Impatient for success, keen on fame and fortune

"I try my best to help them solve their difficulties and problems at work. This is my duty. I never think about any rewards or benefits." In 1999, Liu Jian came to work at the Huangjia Town Government. With his down-to-earth and hard-working style, he was unanimously recognized by the organization and the masses. In 2006, Liu Jian, who was only 28 years old, was promoted to deputy mayor of Huangjia Town.

A journey of a thousand miles begins with a single step. The success of any career cannot be achieved overnight. One must be down-to-earth and lay a solid foundation to stand out. Liu Jian's growth experience is the most direct proof. The reason why he was promoted to deputy mayor is due to his 7 years of hard work and dedication, but Liu Jian did not have a clear understanding of this.

After taking office, Liu Jian was full of confidence and felt that his future was bright. He wanted to prove himself with outstanding achievements as soon as possible in order to make further progress. At the same time, Liu Jian also found that when he became the deputy mayor, the number of business owners who came to "visit" him suddenly increased. "At that time, I was mainly in charge of township construction work, and I handled many engineering projects and a lot of funds. I knew very well why they came to me, and I directly refused those invitations and gifts. I just wanted to devote myself to work and get a greater promotion and progress."

However, more than a year later, the results of his work did not meet Liu Jian's expectations, and his position did not change. At that time, Liu Jian's heart was like a burning stone, and the reality was like a basin of "cold water", which made his mind begin to have some "cracks". "On the one hand, I felt that my ability was too poor, and on the other hand, I felt that my progress was too slow. One step slow, and then every step slow, which hit me hard."

At this time, the satisfaction brought by others' flattery filled Liu Jian's sense of loss in his career. "Although my work performance was not ideal, so many people came to me to report their work and invited me to dinner, which made me feel very proud. Seeing that some team members often attended banquets without scruples, I stopped refusing and became friends with them." Liu Jian gradually abandoned his self-disciplined personality and dignity and chose to go with the flow.

Corruption often starts with "eating and drinking". After becoming familiar with the business owners, Liu Jian frequently appeared at their dinner parties, where he indulged himself, lost himself, and indulged himself in the drinking, luxury car rides, and flattery. His work style became more and more lax, and the "cracks" in his mind widened. "I want to live this kind of life with a good house, a good car, and money in the future..." Liu Jian wrote in his confession.

Gradually, Liu Jian's desire for money became stronger and stronger, and he began to accept red envelopes and gifts. "Receiving red envelopes during festivals is a small amount of money, not a big deal, it is human nature, and it is also the social atmosphere..." With the fluke mentality of "only he and I know" and "it would be a waste if I don't accept it", Liu Jian started his "road of greed".

The desire is insatiable, and "fancy ways to make money" are staged

On the eve of the 2008 Spring Festival, real estate developer Cao Moumou visited Liu Jian's office to ask the local government to speed up the land acquisition and demolition process. When leaving, Cao Moumou handed Liu Jian an envelope to express "New Year's greetings". After Cao Moumou left, Liu Jian opened the envelope and found that it was 10,000 yuan in cash. He was uneasy and quickly stuffed it into the drawer and locked the door. Then he didn't dare to use it for several days, only occasionally opening the drawer to take a look, but the more he looked, the happier he became.

"I have helped her so much in the past, this is just a New Year's red envelope, and everyone else is accepting it, so why can't I..." After some self-consolation, Liu Jian accepted the money with a clear conscience. Little did he know that this was the first "bait" that Cao Moumou sent him into the abyss of crime.

"That was the first time I gave him money. I wanted to test the waters by speeding up the demolition process. When I saw that he did not refuse, I knew I had succeeded," Cao said.

After tasting the "sweetness" of monetizing power, Liu Jian became bolder and his selfish desires continued to expand. From the initial "taking a little bit is nothing", he developed to "it doesn't matter if I'm greedy and take a little bit", and even tried to "make money" without any bottom line.

Liu Jian, under the guise of "social skills", threw the Party's discipline to the winds and continued to accept valuables such as gold pendants, Maotai liquor, and cordyceps sinensis, but these did not satisfy Liu Jian's greed, and he later accepted even pork, latex mattresses, televisions and other daily necessities. Upon investigation, Liu Jian accepted red envelopes and gifts of 10,000 yuan or less 65 times, with a cumulative amount of more than 400,000 yuan.

Greed is insatiable, and greed is like a flood that cannot be stopped. Liu Jian was reluctant to accept the bosses' "kindness" at first, but later he simply tried every possible way to "make money", which was a perfect example of "plucking feathers from a passing goose".

"Do you need funds to turn over? If so, I can lend you money..." In 2014, Liu Jian saw that Cao's business was doing well and wanted to get a piece of the pie. He then lent 500,000 yuan to Cao at a monthly interest rate of 3%. In just four years, he received more than 150,000 yuan in "investment returns" from Cao.

One afternoon in 2016, Liu Jian took the initiative to call the construction contractor Wu Moumou and said, "I recently saw a car, but I still need 150,000 yuan. Can you lend me some money?" Although Wu Moumou was very surprised, in order to have a better "cooperation" opportunity, he sent the cash to his home that night. After that, Liu Jian believed that all the projects undertaken by Wu Moumou were profitable because of his care, so he never mentioned repayment.

After investigation, it was found that since 2008, Liu Jian used his power to provide convenience to 34 people in project contracting and fund allocation, and accepted bribes of more than 2 million yuan in 93 times.

Leading the team astray and muddying the "clear water"

On the eve of the 2017 Spring Festival, Liu Jian, the Party Secretary of Shuangfeng Town, had just signed a document requiring strict compliance with the spirit of the Central Committee's eight regulations and prohibiting the indiscriminate issuance of subsidies during holidays. Then, Liu Jian called together other team members to discuss distributing "holiday allowances" to team members by embezzling fiscal funds, and no one raised any objections.

Liu Jian believed that "as long as it is a decision made by everyone, an activity participated in by everyone, and the benefits enjoyed by everyone, even if there are mistakes, they will not be too serious and will not even be subject to punishment." Other team members also had a fluke mentality, thinking that it was a matter led by the "top leader" and that they would also profit from it, so they went with the flow and pocketed the "holiday money", completely disregarding the requirements of party discipline and forgetting the political responsibilities and supervisory responsibilities they should fulfill.

Over the past few years, 15 members of the town's leadership team illegally received a total of 303,900 yuan in "holiday money," of which Liu Jian personally received 38,000 yuan.

Moreover, since the town government did not have an official car, Liu Jian used the name of "private car for public use" to actually "maintain private car with public funds". He siphoned off fiscal funds by falsely increasing advertising fees and office supplies fees, and illegally received fees in the name of "vehicle wear and depreciation fees" and "vehicle fuel fees", and the fees amounted to more than 160,000 yuan in just three years.

Liu Jian's behavior seemed to seek "benefits" for the team members, but in fact it dragged everyone into the water, opening the "loophole" for violations of discipline and law. He took the lead in violating discipline, corrupted the team, and undermined the work style of the unit, causing serious damage to the political ecology of the unit where he worked.

Upon investigation, it was found that 18 section-level cadres and 12 other party members and cadres were directly or indirectly involved in Liu Jian's case of serious violations of discipline and law. Among them, 22 were investigated and 28 were subject to organizational punishment.

【Case Analysis】

Everyone has a desire for fame and fortune. Party members and cadres will encounter various tests of fame and fortune. They may be promoted or have limited development; they may be smooth sailing or have a hard time; they may be greedy for enjoyment or be content with poverty. If they are not handled properly, they will easily be burdened by fame and hurt by profit. Liu Jian excessively pursued fame and fortune, was eager for quick success, and ignored objective reality. He fantasized about achieving "further progress" by "quickly achieving results". When things did not go as he wished, he turned around and fell into the vortex of profit-seeking. From wind to corruption, he destroyed himself and led others astray, and finally embarked on a road of no return. Liu Jian seriously violated the party's discipline, constituted an illegal act in office and was suspected of bribery. He did not restrain himself or stop after the 18th National Congress of the Communist Party of China. The nature of his behavior was serious and the impact was bad, so he should be dealt with seriously. In accordance with the relevant provisions of the "Regulations on Disciplinary Punishment of the Communist Party of China", the "Supervision Law of the People's Republic of China", and the "Administrative Punishment Law of the People's Republic of China on Public Officials", Liu Jian was expelled from the party and dismissed from public office. According to the relevant provisions of the Criminal Law of the People's Republic of China, Liu Jian's behavior should be deemed to constitute the crime of accepting bribes.

1. Regulations of the Communist Party of China on Disciplinary Actions (2018)

Article 27:If a party organization discovers during a disciplinary review that a party member has committed acts that violate the law and are suspected of committing crimes such as embezzlement, bribery, abuse of power, dereliction of duty, power rent-seeking, transfer of benefits, favoritism and fraud, and waste of state resources, the party member should be given a disciplinary sanction of removal from party post, probation, or expulsion from the party.

Article 40:The economic benefits obtained through disciplinary violations should be confiscated or ordered to be returned.

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Article 49:Those who engage in non-organizational activities such as forming cliques, forming factions for personal gain, forming gangs, cultivating personal power within the Party, or who seek political capital through exchanging interests and building momentum for themselves, shall be given a serious warning or be removed from their Party posts; those who cause the political ecology of the region, department, or unit to deteriorate shall be given probation or expelled from the Party.

Article 88:If a party member accepts gifts, cash gifts, consumption cards, securities, equity, other financial products and other property that may affect the impartial performance of official duties, he or she shall be given a warning or a serious warning if the circumstances are minor; if the circumstances are serious, he or she shall be removed from the party position or given probation; if the circumstances are serious, he or she shall be expelled from the party.

Those who accept other property that clearly exceeds normal gift-giving and receiving shall be dealt with in accordance with the provisions of the preceding paragraph.

Article 90:If money, housing, vehicles, etc. from those under management and service are borrowed, which affects the impartial performance of official duties, and the circumstances are serious, a warning or a serious warning shall be given; if the circumstances are serious, a disciplinary action of removal from party posts, probation within the party, or expulsion from the party shall be given.

If large returns are obtained through financial activities such as private lending and this affects the impartial performance of official duties, the matter shall be dealt with in accordance with the provisions of the preceding paragraph.

Article 92:If a party member accepts or offers banquets or travel, fitness, entertainment or other activities that may affect the impartial performance of official duties, he or she shall be given a warning or a serious warning if the circumstances are serious. If the circumstances are serious, he or she shall be given a punishment of removal from party posts or probation within the party.

Article 104:For those who set their own salaries or abuse the issuance of allowances, subsidies, bonuses, etc. in violation of relevant regulations, the direct responsible persons and the persons in charge of leadership shall be given a warning or a serious warning if the circumstances are minor; if the circumstances are serious, they shall be given a punishment of removal from party posts or probation; if the circumstances are serious, they shall be expelled from the party.

Article 107:If the relevant regulations are violated in equipping, purchasing, replacing, decorating, or using official vehicles, or if there are other violations of the regulations on the management of official vehicles, the direct responsible persons and the leadership responsible persons shall be given a warning or a serious warning if the circumstances are serious; if the circumstances are serious, they shall be given a disciplinary punishment of removal from party posts or probation within the party.

2. Supervision Law of the People's Republic of China

Article 45:The supervisory authority shall make the following decisions in accordance with the law based on the results of supervision and investigation:

……

(2) Making decisions on administrative sanctions such as warnings, demerits, serious demerits, demotions, dismissals, and expulsions against public officials who violate the law in accordance with legal procedures;

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(4) For suspected duty crimes, if the supervisory organ finds that the facts of the crime are clear and the evidence is reliable and sufficient after investigation, it shall prepare a prosecution opinion and transfer it together with the case files and evidence to the people's procuratorate for examination and prosecution in accordance with the law;

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Article 46:After investigation, the supervisory authority shall confiscate, recover or order the return of any property obtained illegally in accordance with the law; any property obtained in connection with suspected crimes shall be transferred to the People's Procuratorate along with the case.

3. Administrative Sanctions Law of the People's Republic of China on Public Officials

Article 25:Property illegally obtained by public officials and their own property used for illegal activities shall be confiscated, recovered or ordered to be returned by the supervisory authority, unless it should be confiscated, recovered or ordered to be returned by other agencies according to law; if it should be returned to the original owner or holder, it shall be returned according to law; if it is state property or should not be returned or cannot be returned, it shall be turned over to the state treasury.

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Article 33:Anyone who commits any of the following acts shall be given a warning, recorded a demerit, or recorded a serious demerit; if the circumstances are more serious, he shall be demoted or dismissed; if the circumstances are serious, he shall be expelled:

(1) corruption or bribery;

(2) Using power or the influence of one's position to seek personal gain for oneself or others;

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Article 34:Those who accept gifts, cash gifts, securities or other property that may affect the fair exercise of public power shall be given a warning, a demerit or a serious demerit; if the circumstances are serious, they shall be demoted or dismissed; if the circumstances are very serious, they shall be expelled.

Giving gifts, cash gifts, securities or other property that may affect the impartial exercise of public power to public officials and their specific relations, or accepting or providing banquets, travel, fitness, entertainment and other activities that may affect the impartial exercise of public power, shall, if the circumstances are serious, be given a warning, a demerit or a serious demerit; in serious cases, the person shall be demoted or dismissed.

Article 35:If any of the following acts are committed, a warning, demerit or major demerit shall be given if the circumstances are serious; if the circumstances are serious, the person shall be demoted or dismissed:

(1) Setting or distributing salaries or allowances, subsidies or bonuses in violation of regulations;

(2) Violating regulations by exceeding standards or scope in official receptions, official transportation, conferences and activities, office space, and other work and life support;

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4. Criminal Law of the People's Republic of China

Article 385:If a state functionary uses his or her position to solicit money or property from others, or illegally accepts money or property from others to seek benefits for them, he or she is committing the crime of bribery.

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Author: Wenhua