Opening remarks
Using people as a mirror can make it clear what gains and losses, and using cases as a mirror can correct conduct and discipline. The use of negative typical cases to carry out warning education is an important measure to promote the "three non-corruptions" as a whole, and it is a powerful starting point for promoting party members and cadres to build a strong ideological line of defense. In order to make good use of the cases around them, do in-depth and practical discipline and law education, and guide the majority of party members and cadres to be vigilant, know the bottom line, know and respect, and be vigilant, the "Honest Sichuan" website and WeChat public account will launch the "Case as a Mirror" column from February 14, 2023.
This column focuses on the "fly corruption and ant corruption" that occurs around the masses and eats away at the vital interests of the masses, and analyzes the typical cases of violations of discipline and law by grassroots party members, cadres and public officials from multiple angles, not only to keep the alarm bell ringing, but also to carry out the interpretation of discipline and law, and continue to play the role of educating and warning people around them with the cases around them, and constantly promote the comprehensive and strict governance of the party to develop in depth.
Stay tuned!
[Case file]
Xie Liping, female, Han nationality, born in December 1973, from Dazhou, Sichuan, joined the work in December 1992, and served as the deputy director of the Supervision Office of Dazhou Land Acquisition Affairs Center.
In May 2022, Xie Liping was subject to the supervision and investigation of the Dazhu County Supervisory Committee on suspicion of serious violations.
In December 2022, Xie Liping was dismissed from public office for serious violations of duty and suspected of corruption and bribery.
In December 2023, Xie Liping was sentenced to 13 years in prison and fined RMB 1.05 million for committing corruption and accepting bribes.
【Case Detective】
"My greed and the connivance of the leadership made me fall into the abyss of breaking the law and committing crimes, and I couldn't extricate myself until I was investigated by the organization, only to find out that my illegal and criminal acts had caused such a big loss to the country!" In May 2022, due to the huge psychological pressure caused by corruption, Xie Liping, deputy director of the Supervision Office of the Dazhou Land Acquisition Affairs Center, voluntarily surrendered. During her detention in detention, she talked about what she had done and felt remorseful.
Xie Liping, former deputy director of the Supervision Office of the Dazhou Land Acquisition Affairs Center, was subject to supervision and investigation.
Psychological imbalance once embarked on the road of corruption
When it comes to Xie Liping, people who know her well will say: "She has a cheerful personality, has a strong atmosphere of rivers and lakes, likes to play outside, and likes to make friends." It's normal for people to make friends, but what a real "friend" is, Xie Liping may never really understand before being investigated.
In 2013, Xie Liping was in charge of the demolition of a project in Tongchuan District, and she was naturally worried by some people with ulterior motives. Between eating, drinking, and playing with "friends", Xie Liping's heart began to be unbalanced, why can't she be as generous and spend a lot of money as they do?
After all, the scales are tilted in favor of the side of desire. Xie Liping found Feng, then minister of the Ministry of Demolition and Resettlement, to "communicate", and the two coincided, and they both felt that they should seize the opportunity to "make some money". Since then, Xie Liping has embarked on the wrong path of life with others.
In March 2019, Xie Liping teamed up with Jiang, the then director of the Longzhuota Community of Chaoyang Street Office, Tongchuan District, to include more than 160 square meters of real estate in Jiang's sister's name that had paid the residual value into the resettlement and return of the house, in order to get more demolition money. With the acquiescence of Mao, the former deputy director of the Dazhou Land Acquisition Affairs Center, and Feng, the then minister of the Ministry of Demolition and Resettlement, the house was included in the monetary resettlement in violation of regulations, and a total of more than 1.13 million yuan was defrauded of monetary resettlement compensation and turnover housing fees, and the proceeds were divided equally by Xie Liping, Mao, Feng and Jiang.
"I was also scared when I was operating in violation of the law, but when I thought that I could get a huge income by simply changing the information, I became more and more bold, and after a long time, I became numb, as if it was not normal not to do this. The greed of savage growth made Xie Liping fall deeper and deeper and harder to extricate herself.
Greed swells and power becomes a "cash cow"
In 2016, Zhang, the president of a bank branch, approached Xie Liping several times, hoping to fraudulently obtain a resettlement house through fictitious resettlement qualifications in the name of her parents-in-law. Subsequently, Xie Liping used the false information provided by Zhang to go through the relevant procedures for the demolition and resettlement of Zhang's parents-in-law, and jointly defrauded the demolition and resettlement money of 800,000 yuan, of which Xie Liping received 85,000 yuan.
In the same year, Xie Liping took the initiative to find Zhang, the leader of a community residents' group, and illegally obtained about 4.05 million yuan in monetary resettlement compensation and 2 sets of resettlement houses in the name of Zhang's mother Zhou and wife Zhu, from which Xie Liping received 2.36 million yuan in monetary resettlement compensation, and one of the properties was also obtained by her personally and donated to her cousin Huang to live in.
Feng, Jiang, Zhang and others mentioned above, almost all have a certain connection with Xie Liping in work or life, and are "friends" and "acquaintances" in Xie Liping's mouth.
Extravagance and extravagance will end up with no consequences
"In 2017, when Feng arranged for me to find two families to get a resettlement house, my first thought was that I had more money to buy more brand-name bags, which could be used to invest in engineering projects, and I could recharge more senior members in beauty salons to enjoy more luxurious services......"
Xie Liping grew up in a wealthy family, and as the "eldest child" in the family, she was regarded as the pearl of her parents, and she always tried her best to meet her material needs, so she developed her vanity and lavish consumption habits. When tens of thousands or hundreds of thousands of yuan of "thank you fees" came in, Xie Liping's consumption concept changed dramatically, and her daily life standard also rose. The investigation found that Xie Liping was keen to buy bags, brand-name bags worth more than 10,000 yuan or even tens of thousands of yuan, and there were more than a dozen of them in Xie Liping's home, and there were even some brand-name bags that were not opened and used when they were investigated. In just one year in 2019, Xie Liping successively recharged 700,000 yuan in a number of high-end beauty institutions in Chengdu and Dazhou, bought a piece of clothing for more than 20,000 yuan during her travel in Luzhou, and spent more than 170 yuan to buy a set of luxury houses that year.
Such a luxurious and high-consumption life naturally requires "high income" to maintain, which makes Xie Liping's appetite bigger and bigger. In her confession, she said: "As long as there is a shortage of money, I will find a resettlement household to increase the resettlement area, and the money will come naturally." ”
After investigation, from 2013 to 2022, Xie Liping took advantage of her position to go through demolition and resettlement procedures for others in violation of regulations, and jointly embezzled more than 2,300 yuan with others, making personal profits of more than 4.28 million yuan and 1 set of resettlement houses worth more than 590,000 yuan. Xie Liping went to the abyss of violating discipline and law in the "sweet dream" of getting rich.
【Planning】
From good as ascending, from evil as collapsing. After holding a certain position, Xie Liping went from "not being meticulous and chasing pleasure", to being keen on pushing cups and changing lamps, indulging in extravagant life, and then to illegally meddling in demolition projects to make a lot of money, breaking discipline and breaking the law, breaking defenses at all levels, gradually degenerating, corrupting and degenerating, and embarking on the road of no return from wind and corruption, and the lesson can be described as unforgettable. Xie Liping took advantage of her position to work with others to defraud the state of property and divide it privately by fictitious and inflating the resettlement area and illegally including houses that did not conform to the resettlement policy; at the same time, she provided assistance to others in matters of house demolition and resettlement, and jointly illegally accepted property from others. In accordance with the "Supervision Law of the People's Republic of China", the "Law of the People's Republic of China on Governmental Sanctions for Public Employees" and other relevant provisions, Xie Liping was dismissed from public office. According to the relevant provisions of the Criminal Law of the People's Republic of China, Xie Liping's conduct shall be found to constitute the crime of embezzlement and accepting bribes.
1. Supervision Law of the People's Republic of China
Article 31: In any of the following circumstances, where persons being investigated for suspected crimes abusing public office voluntarily admit guilt and accept punishment, the Supervision Organs may submit a recommendation for a lenient punishment when transferring to the people's procuratorate upon collective research by the leaders and reporting to the Supervision Organ at the level above for approval:
(1) Voluntarily surrendered, sincerely repenting and repenting;
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Article 45: On the basis of the results of oversight and investigations, the Supervision Organs are to make the following dispositions in accordance with law:
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(4) Where crimes abusing public office are suspected, and upon investigation the Supervision Organs find that the facts of the crime are clear and the evidence is credible and sufficient, they are to draft a written opinion for prosecution and transfer it to the people's procuratorate for review and prosecution in accordance with law, together with the case file materials and evidence;
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Article 46: After investigation, the Supervision Organs are to confiscate, recover, or order restitution of illegally obtained property in accordance with law;
2. Law of the People's Republic of China on Governmental Sanctions for Public Employees
Article 33: Those who commit any of the following acts shall be given warnings, demerits, or major demerits; if the circumstances are more serious, they shall be demoted or removed; and if the circumstances are serious, they shall be dismissed:
(1) Corruption or bribery;
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3. Criminal Law of the People's Republic of China
Article 67: Those who voluntarily surrender after committing a crime and truthfully confess their crimes are voluntarily surrendered. Criminals who surrender themselves may be given a lighter or commuted punishment. Of these, where the crime is relatively minor, punishment may be waived.
Where criminal suspects, defendants, or convicts currently serving a sentence who have been subjected to compulsory measures truthfully confess other crimes of their own that are not yet known to the judicial organs, they are to be considered to have voluntarily surrendered.
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Article 382:A State functionary who takes advantage of his position to embezzle, steal, defraud, or illegally occupy public property by other means is guilty of embezzlement.
Persons entrusted by state organs, state-owned companies, enterprises, public institutions, or people's organizations to manage or operate state-owned property take advantage of their positions to embezzle, steal, fraudulently obtain, or illegally take possession of state-owned property by other means, shall be treated as embezzlement.
Anyone who colludes with the persons listed in the preceding two paragraphs to commit corruption shall be punished as an accomplice.
Article 385: A state functionary who takes advantage of his position to solicit property from others, or illegally accepts property from others to seek benefits for others, is guilty of accepting bribes.
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Source: Honest Sichuan