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on september 13, regarding the incident in which putian cppcc member zhang jinlong was exposed for bribing police officers for more than 2 million yuan but not taking responsibility, a staff member of the putian cppcc office stated that zhang jinlong belonged to the economic committee, and if there were any special circumstances such as suspected crimes, he would not take the initiative to report to them.

the staff member said that normally, if a cppcc member is suspected of committing a crime, the police will notify them. but at present, the office has not received any notification from the police regarding zhang jinlong.

according to previous media reports, zhang jinlong sued li moulin for defaulting on principal and interest, and the court confirmed that li moulin owed zhang jinlong 11 million yuan plus interest.

after winning the case, zhang jinlong applied for compulsory execution, but most of the execution money was allocated by the court to another creditor, li mouxiang.

zhang jinlong believed that li moulin and li mouxiang had conspired to file a false lawsuit. zhang jinlong's application for prosecutorial supervision was rejected. after reporting the case, the criminal investigation brigade believed that there was no definite evidence to prove a false lawsuit and decided not to file a case.

through an introduction, zhang jinlong met xu leitao, then the head of the criminal investigation brigade, and the case was filed. xu leitao had repeatedly "sold" several stones worth about 10,000 yuan to zhang jinlong for 300,000 to 400,000 yuan or even nearly 2 million yuan.

however, before the case was heard in court, xu leitao was detained and later sentenced to 13 years and six months in prison for the crimes of accepting bribes, offering bribes, and bending the law for personal gain. in the crime of accepting bribes found by the court, xu leitao accepted zhang jinlong's request and illegally accepted a total of more than 2.37 million yuan from zhang jinlong on multiple occasions.

relevant police officers handling the case said that xu leitao had instructed them to keep an eye on zhang jinlong's case, and even asked several times to arrest him quickly in the later stages of the investigation.

when the media contacted zhang jinlong, he refused to be interviewed, saying that he "has nothing to do with any case of anyone."

public information shows that zhang jinlong, who gave money to xu leitao, is from xiuyu district, putian city, and a member of the 7th and 8th municipal cppcc.

if current cppcc members take bribes, should the cppcc hold them accountable?

liu peiwen, a lawyer at guangdong shiyi law firm, believes that if a member of the municipal cppcc is involved in a bribery crime, although the cppcc organization does not have direct law enforcement power, as an important platform for political consultation, it has clear normative requirements for the moral and legal behavior of cppcc members. once a cppcc member is found to be involved in illegal behavior, the cppcc organization will usually initiate an investigation procedure. if the situation is true, internal disciplinary sanctions may be taken, such as criticism, persuading the member to resign from the position of member, and even revoking his or her cppcc membership in serious cases. at the same time, the cppcc organization will also cooperate with the investigation and handling of the judicial organs.

as for whether or not to pursue criminal liability for bribery, there are some differences between practical lawyers and academic professors.

lawyer hao yun, director of the new crime research center of beijing qiancheng law firm and researcher of the beijing lawyers law research association, believes that in this case, whether the perpetrator is guilty of bribery should be determined comprehensively based on subjective and objective circumstances. only when the facts accused by the perpetrator are indeed fictitious (i.e., the interests sought objectively are improper), and he subjectively knows this but still commits false accusations (i.e., he subjectively intends to seek improper benefits), the perpetrator is guilty of bribery.

in other words, the key to whether the crime of bribery is established in this case lies in determining whether the perpetrator, knowing that the facts he accused do not exist, intentionally framed the state officials by transferring money and property to the state officials involved in the case; different understandings of the legal characterization of the accused facts do not themselves directly prove the improper nature of the benefits sought.

however, qu xuewu, a researcher and doctoral supervisor at the institute of law of the chinese academy of social sciences, believes that bribery is the source of bribery. to curb corruption, it is necessary to first curb the increasingly widespread bribery.

qu xuewu also said that in a sense, compared with accepting bribes, bribery is actually more harmful to society, more urgent and punishable. therefore, fundamentally, although the anti-corruption strategy of leniency in bribery may help punish bribe-takers temporarily, it cannot cure the stubborn disease of corruption, because the briber's willingness to bribe will not be reduced or even restrained by the fall of the bribe-taker.

it is worth noting that in september 2021, the central commission for discipline inspection and the national supervisory commission jointly issued the "opinions on further promoting the investigation of bribery and bribery together" with the central organization department, the central united front work department, the central political and legal affairs commission, the supreme people's court, and the supreme people's procuratorate, which made arrangements for further promoting the investigation of bribery and bribery together.

the "opinion" points out that insisting on investigating both bribery and bribery together is an important decision and deployment made by the 19th national congress of the communist party of china. it is an inevitable requirement for unswervingly deepening the anti-corruption struggle and promoting the three "dare not, cannot and do not want to" be corrupt. it is an effective way to cut off the interest chain of "hunting" and being willing to be "hunted" and break the network of power and money transactions.

the opinion requires that bribery be resolutely investigated and punished, with a focus on multiple bribery, large-scale bribery and bribery to multiple people, especially those who have not stopped after the 18th national congress of the communist party of china; party members and state employees who bribe... bribery in the fields of organization and personnel, discipline and law enforcement, justice, ecological and environmental protection... for improper non-property benefits obtained through bribery, such as job titles, political honors, business qualifications, academic degrees, etc., relevant units are urged to correct them through cancellation, revocation, change and other measures in accordance with regulations.