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the female village head was accused of corruption but was not prosecuted and received state compensation, "which affected her retirement, etc."

2024-09-08

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on september 5, li qionghua, former head of mazheshao township in kaiyuan city, yunnan province, reported to jiupai news that he was charged with corruption more than 20 years ago, but was released after the procuratorate found that he did not meet the conditions for prosecution.

"i was detained for 1,200 days and received state compensation in august 2006," he said. "i was involved in this case when i was in my 30s. i am 60 this year and it has affected my retirement and other issues."

li qionghua's early photos. photo/provided by the interviewee

[1] “insufficient evidence, no prosecution”

the "non-prosecution letter from the procuratorate of mile county, honghe prefecture, yunnan province" provided by the parties shows that the non-prosecuted person, li qionghua, female, born in 1964, college educated, a member of the communist party of china, formerly the head of the mazheshao township government of kaiyuan city, a representative of the 8th people's congress of honghe prefecture, a member of the kaiyuan municipal cppcc, and a representative of the 6th people's congress of mazheshao township. she was arrested by the kaiyuan municipal public security bureau on august 11, 1999 for suspected corruption.

on march 2, 2000, the kaiyuan municipal people's court sentenced li qionghua to 10 years in prison for corruption. on september 18 of the same year, the honghe prefecture intermediate people's court sent the case back for retrial due to unclear facts and insufficient evidence.

on december 27 of the same year, the kaiyuan people's procuratorate again filed a public prosecution with the kaiyuan court. on april 1, 2001, the kaiyuan court sentenced li qionghua to five years' imprisonment for the crime of embezzlement. on december 24 of the same year, the honghe prefecture intermediate people's court again sent the case back for retrial on the grounds that the facts were unclear.

on may 13, 2002, the honghe prefecture procuratorate designated the mile county procuratorate to review and prosecute. after accepting the case, the mile county procuratorate examined and found out that in january 1996, li qionghua was elected as the deputy head of the yangjie township government of kaiyuan city. on september 26 of the same year, the yangjie township government of kaiyuan city established the yangjie township town construction and development corporation, with the deputy head li qionghua as the deputy manager, managing finances and serving as a cashier.

on december 26, 1997, the yangjie township government signed a contract with honghezhou construction and installation co., ltd. to build a market town. on may 26, 1998, the state construction and installation company issued an invoice for 100,000 yuan of project funds to the head of yangjie township, tan yongzong. tan yongzong handed the invoice to li qionghua. two days later, li qionghua remitted 50,000 yuan from the yangjie credit union to the state construction company according to the bank and account number indicated in the lower left corner of the invoice. the state construction company marked "50,000 yuan owed and not remitted" on the "accounting copy".

when doing the accounting, cashier li qionghua and accountant ma guobin listed the invoice for 100,000 yuan issued on may 26 and the remittance slip for 50,000 yuan on may 28 separately, which resulted in the fact that yangjie township town construction company falsely listed 100,000 yuan in cash. on november 29, 1998, li qionghua paid 50,000 yuan for red bricks on behalf of kunming sifa company to kaiyuan jianan company. the invoice for "paying 50,000 yuan for red bricks" had tan yongzong's signature "agree to pay on behalf of" on it, and the reimbursement copy of the invoice had not yet been recorded.

li qionghua confessed many times that "of the 100,000 yuan invoice on may 26, 1998, in addition to my own remittance of 50,000 yuan, the other 50,000 yuan was paid in two installments to yang baofu (then director of the yangjie township industrial and commercial bureau, and the yangjie township town construction project was introduced by yang baofu) for payment, one installment of 15,000 yuan and the other installment of 35,000 yuan. among them, when i paid 15,000 yuan, the township head tan yongzong was present, and the other 35,000 yuan was withdrawn from the credit union." yang baofu denied this.

in fact, yang baofu paid 35,000 yuan to zhoujian company on october 15, 1998, and 10,000 yuan on october 27. when yang baofu paid 35,000 yuan, zhoujian company issued a receipt (note), but when yang baofu paid 10,000 yuan, neither party issued any receipt.

on december 21, 1998, yang baofu asked zhoujian company to exchange the receipt for 35,000 yuan for a formal invoice. on november 8, 1999 (the date on the invoice), he issued a formal invoice for 10,000 yuan, but has not yet reported the amount.

the mile county procuratorate believes that li qionghua and others made separate accounts for the 100,000 yuan invoice and the 50,000 yuan remittance slip, resulting in a false cash expenditure of 100,000 yuan. however, 50,000 yuan had actually been paid for the red bricks, and no cash account had been made. after the two items were offset, there was a difference of 50,000 yuan between the accounting account and the cash account, which means that 50,000 yuan was still owed. li qionghua claimed that the 50,000 yuan was paid by yang baofu, but yang baofu denied it. in fact, yang baofu paid another 45,000 yuan to the state construction company, but claimed that it was his private money. the whereabouts of the 50,000 yuan are unknown.

the mile county procuratorate stated that despite additional investigations, the case still did not meet the conditions for prosecution, and on october 26, 2002, a decision was made not to prosecute li qionghua.

【2】“dismissal from public office, maintenance of original punishment”

li qionghua said that the relevant departments made the "disciplinary decision" before the judicial authorities had made a final judgment.

the documents he provided showed that on june 28, 2001, the kaiyuan municipal commission for discipline inspection decided to expel li qionghua from the party. on september 18, 2002, the kaiyuan municipal supervision bureau decided to expel li qionghua from public office.

later, the judicial authorities decided not to prosecute, so li qionghua went to various departments at all levels to appeal many times.

on july 17, 2003, the kaiyuan municipal supervision bureau and the discipline inspection commission issued a "review decision on li qionghua's corruption case", stating that the mile county procuratorate decided not to prosecute li qionghua's case, but did not determine whether he was wrong or not. the kaiyuan municipal supervision bureau and the discipline inspection commission determined that li qionghua had embezzled 50,000 yuan of public funds and misappropriated 50,000 yuan of public funds, and therefore upheld the original disciplinary decision.

on february 15, 2006, the honghe prefecture supervision bureau and discipline inspection commission issued the "review decision on li qionghua's corruption case", which also maintained the original punishment.

it reads, "li qionghua treated the unit's 50,000 yuan remittance document and the state construction company's 100,000 yuan invoice as payment accounts. in the case of an actual payment of 50,000 yuan, li qionghua made two accounts for a total of 150,000 yuan, falsely listing cash expenditures of 100,000 yuan. the falsely listed 100,000 yuan was out of the effective management of the yangjie township government, and the ownership, control and income rights of the yangjie township government over the 100,000 yuan were transferred. the fact that li qionghua falsely listed an expenditure of 100,000 yuan is clear and the evidence is conclusive. the original disciplinary decision is upheld."

the parties involved are defending their rights. photo/provided by the interviewee

【3】received more than 80,000 yuan in state compensation

li qionghua recalled that she had worked in yangjie township for more than ten years and became the deputy township head at the age of 32. after going to mazheshao township, she connected electricity to 16 villages, making the lights bright during the spring festival. at that time, she was young and capable, and was the first female township head in the area.

she said that before she became a cashier, she had no knowledge of financial knowledge and had never received any training, but she firmly believed that she should not take a penny that she should not take, and she strictly followed the instructions and paid only what was due.

after her release, she worked in a restaurant for several years and received more than 80,000 yuan in state compensation in august 2006. "for many years, i had to pay for my children's tuition, and the money was not enough. i have been selling clothes, but business has not been good."

she said that she was divorced early in life and had a son. in 2010, her son fell from the third floor and was assessed as a disabled person. due to poor family conditions, the child is still single at the age of nearly 40.

someone once suggested that she could be arranged to work as a contract worker or apply for minimum living allowance. "i don't accept temporary work. i am also able to work. it is impossible for me to rely on minimum living allowance."

in may this year, li qionghua applied to the superior supervisory committee to initiate a procedural review of the original city and state supervisory bureau's "decision to dismiss li qionghua from public office, review decision, and reexamination decision."