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【files】

zhao guixiang, female, han nationality, was born in september 1964 in chengdu, sichuan province. she started working in may 1982 and joined the communist party of china in june 2005. she had served as the head of the jinhuaqiao sub-district community development office in wuhou district, chengdu city, and a fourth-level researcher at the jinhuaqiao sub-district convenience service center.

in april 2023, zhao guixiang was subject to disciplinary review by the wuhou district commission for discipline inspection of chengdu for suspected serious violations of discipline.

in july 2023, zhao guixiang was subject to supervision and investigation by the wuhou district supervisory committee of chengdu for suspected serious violations of law.

in october 2023, zhao guixiang was expelled from the party and removed from public office for serious violations of party discipline, committing duty-related violations, and being suspected of corruption and bribery.

in april 2024, zhao guixiang was sentenced to seven years in prison and fined rmb 700,000 for the crimes of embezzlement and bribery.

【case detective】

land acquisition and demolition are the practical needs for high-quality economic and social development. they are related to urban construction and coordinated urban and rural development, and are related to the vital interests of the people and social harmony and stability. at the same time, land acquisition and demolition are capital-intensive and resource-intensive. a project can cost hundreds of thousands of yuan or even hundreds of millions of yuan, making it a "hot commodity" for a few speculators. corruption is prone to occur frequently and has not been eradicated.

"originally, in a few months, i would have officially retired and could return to my family wholeheartedly, prepare sumptuous meals for them, help my daughter take care of her children, and travel with friends. these most ordinary things are out of reach for me now. i feel ashamed of the organization that nurtured and trusted me, and i feel ashamed of my family..." in april this year, zhao guixiang choked up and cried several times while standing in the bench, deeply touching dozens of party members and cadres from the jinhuaqiao sub-district office who were listening to the trial.

zhao guixiang, former fourth-level researcher at the jinhuaqiao street convenience service center in wuhou district, chengdu, is under review and investigation.

a journey of a hundred miles begins with a single step

"every time i walk on the street and see those beautiful communities, bustling shopping malls, and neat industrial parks, i feel very proud. these are all the result of my efforts." zhao guixiang has been engaged in demolition work at the jinhuaqiao sub-district office since 1995. she is an important contributor and witness to the area's transformation from old to new.

in the last century, jinhuaqiao street, located in the southwest of chengdu, was still a typical village in the city. among the low and messy houses, there were many "small, scattered, messy and dirty" workshop-style factories, with roaring machines, noisy cars and noisy voices, full of rural "heavy metal" style. in 1998, the wuhou district government was determined to "make a new look" for the village in the city, and spent a huge amount of money to demolish, relocate or centralize the old factories, build roads and bridges, change electricity and water, and build houses... after more than 20 years of continuous efforts, the once dilapidated village in the city has now become a bustling industrial park and a beautiful and livable happy place.

land acquisition and demolition is an important part of the rapid development of jinhuaqiao street. "many residents have a strong sense of nostalgia for their hometown and are very resistant. i always approached them with a smile and the relocation plan and archival materials, but was often turned down." zhao guixiang is not afraid of hardship or fatigue in demolition work, and she is dedicated and full of energy.

zhao guixiang has also faced many challenges in her work. "some people who are being relocated came to me and offered to give me a 'kickback' so that i could be 'a little loose' in measuring the size of their houses and help them fill in more relocation area; some people who did not meet the relocation requirements also wanted to include their own houses in the relocation scope. i understand the requirements of party discipline and regulations, and i often see some cadres being investigated for corruption during relocation. at first, i directly refused."

a journey of a hundred miles begins with a single step. it is not difficult for a person to be honest once or twice, but it is difficult to be honest for a lifetime. in 2019, zhao guixiang, then 55 years old, was promoted to deputy director-level researcher. for her, this was a good thing, but she developed the idea of ​​"the ship has reached the dock and the car has arrived at the station". her original enthusiasm for work gradually faded, and her sense of discipline relaxed. "there is not much chance of promotion, and i will retire soon, so there is no need to work so hard and so tight."

in february 2020, luo and others took the initiative to win over zhao guixiang, proposing to jointly purchase an abandoned factory building (which was in the area zhao guixiang was responsible for demolition), planning to "earn" compensation for demolition. zhao guixiang knew that this was a "guaranteed win-win" deal. "when others found me, i thought that after a few years when i retired, no one would notice this matter, so why not take this opportunity to make some 'pension'."

as the abandoned factory building was large in area, it required a large amount of money to purchase it. zhao guixiang spent all the 2 million yuan she had scraped together to buy the abandoned factory building with luo and others.

the power in their hands has become a tool of corruption

"she knows the policies and has real power in her hands. there will definitely be benefits to having her join us!" in the eyes of luo and others, the main purpose of finding zhao guixiang as a partner in purchasing the abandoned factory building is that zhao guixiang can understand the demolition policy in advance and can help them "get the best deal" in illegal construction, land acquisition and demolition to obtain huge "profits."

in order to ensure the smooth demolition of the abandoned factory building, zhao guixiang took drastic measures and forwarded the demolition policy document that had not yet been announced to luo and others in advance. then, within less than a month, zhao guixiang and luo and others spent 800,000 yuan to build 7,300 square meters of illegal buildings.

soon, the factory invested by zhao guixiang and others was facing demolition. she was secretly delighted and began to plot the next step. in the demolition work, household survey is an important link. the size of the demolished house, its nature and its accessories all need to be confirmed through household survey, which is also the key to determining the final compensation funds. zhao guixiang was responsible for this work.

driven by interests, zhao guixiang blatantly used her power to "give a heads-up" and other means to make the surveying and mapping personnel loosen the standards in determining the demolition area, structure, compensation standards, etc. afterwards, zhao guixiang signed and confirmed the demolition compensation agreement, successfully including the entire area of ​​the illegally built buildings in the demolition compensation scope.

in june 2021, the demolition compensation was paid out. after deducting the purchase and maintenance costs, zhao guixiang "earned" 2.1 million yuan.

"after i got the money, i was still very nervous. i felt very uneasy every day, worried that my problems would be discovered." in order to cover up her corruption, zhao guixiang also carefully disguised herself and deliberately established a low-key personality. "i don't usually pursue luxury goods, nor do i like luxury goods, i don't travel abroad, and i live a 'low-profile' life, but this 'disguise' is too tiring!"

greed expands, getting deeper and deeper

however, this cautious life did not last long. after a while, zhao guixiang realized that no one cared about this matter, so she gradually became bolder and stretched her hands further and further. she thought, "i must seize every opportunity to make more money for my retirement before i retire."

once pandora's box is opened, it is difficult to close it. in july 2021, huang found zhao guixiang, hoping to help increase the compensation standard for the demolition of his house, and promised to give a thank-you fee afterwards. faced with the "good thing" delivered to her door, zhao guixiang immediately agreed. under her operation, huang quickly obtained the demolition compensation and gave 100,000 yuan to zhao guixiang.

with this "successful" experience, zhao guixiang did the same thing many times, using her position to speed up the demolition process, review demolition materials, and increase demolition compensation standards, and then received corresponding "benefits". the wild greed made zhao guixiang fall deeper and deeper, unable to extricate herself.

however, the truth will eventually come out. in april 2023, the wuhou district commission for discipline inspection and supervision received clues about zhao guixiang's problems and immediately set up an investigation team to conduct an in-depth investigation of the clues. after investigation, it was found that zhao guixiang, as a state employee, used her position to collude with others to defraud public property of more than 8.16 million yuan and illegally accepted "benefits" of 200,000 yuan.

"in just three years, all the efforts of more than 30 years before were wasted because of my greed. in the end, it was all for nothing. now, i have to bear the bitter fruit alone. how can i face my family, my former colleagues, and my friends?" zhao guixiang woke up from her dream, but it was too late to regret.

【case analysis】

greed for personal gain leads to lifelong regrets. the corruption, bribery, dereliction of duty and malfeasance in the field of land acquisition and demolition not only cause major losses to state property and the interests of the people, but also have a negative impact on the healthy development of the economy and society and social harmony and stability. zhao guixiang is well aware of the pros and cons, but because she is approaching retirement, she is lax in her thinking. under the solicitation and corruption of others, she has a morbid mentality of "making the last sip", using her power to "earn" illegal profits, seriously disrupting the normal order of land acquisition and demolition, and ultimately "drawing water from a bamboo basket". zhao guixiang seriously violated the party's discipline, constituted an illegal duty and was suspected of corruption and bribery, and did not restrain or stop after the 18th national congress of the communist party of china. the nature of the crime is serious and the impact is bad, and it should be dealt with seriously. according to 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 public officials of the people's republic of china", etc., zhao guixiang 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", zhao guixiang's behavior should be determined to constitute the crime of corruption and bribery.

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.

……

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.

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;

……

(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;

……

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 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;

……

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.

……

4. criminal law of the people's republic of china

article 382:if a state functionary uses his or her position to embezzle, steal, defraud or illegally occupy public property by other means, he or she shall be guilty of the crime of corruption.

……

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.

if a state functionary, in violation of state regulations, accepts kickbacks and fees of various names in economic dealings and keeps the money for personal use, he shall be treated as having accepted bribes.

author: jin yongli