Taking the case as a mirror丨Whose "dilapidated house renovation funds" have become a "cash cow"?
[Case file]
Peng Chunlin, male, Han nationality, born in March 1979, a native of Daying, Sichuan, joined the work in January 2017, joined the Communist Party of China in June 2018, and served as the secretary of the Party branch and director of the village committee of Daozu Village, Longsheng Town, Daying County, Suining City. In March 2024, Peng Chunlin was suspected of serious violations of discipline and law, and was subject to disciplinary review and supervision investigation by the Daying County Commission for Discipline Inspection and Supervision. In May 2024, Peng Chunlin was expelled from the party for seriously violating party discipline, constituting a violation of duty and suspected of accepting bribes. In July 2024, Peng Chunlin was sentenced to one year and six months in prison and fined RMB 200,000 for corruption and bribery.
【Case Detective】
"The organization trusted me to recruit me into the party and made me the village party secretary, and in just a few years, I degenerated, hollowed out my mind to 'gather wool', eat the country, eat the villagers, eat the craftsmen, and 'drill' the eyes of money. Is it really worth it for the word 'greed' to fall to this point today? On his birthday, Peng Chunlin was in the liuzhi room with mixed tastes, the sweetness of the pastries and fruits sent by the case-handling staff was intertwined with the bitterness in his heart, he repented to the organization, hated the mistakes he had made, and asked himself countless times why?
Peng Chunlin, former secretary of the party branch and director of the village committee of Daozu Village, Longsheng Town, Daying County, Suining City, Sichuan Province, was subject to disciplinary review and supervision investigation.
In the name of helping the poor, it is actually for personal gain
Peng Chunlin was born in a poor peasant family, studied carpentry and bricklayer when he was young, and has always relied on his own skills to make a living as a migrant worker. In 2017, by chance, Peng Chunlin decided to return to his hometown to start a business. After that, Peng Chunlin returned to Daozu Village, Longsheng Town, Daying County to participate in the village committee election, and was successfully elected as the village party secretary by unanimous vote. "He is very capable, does things quickly, has a flexible braincase, and sees problems more long-term than ordinary people, and what is lacking in rural areas is such a 'capable person'." The old party secretary of the village commented on Peng Chunlin. "Although the village cadres are at the grassroots level, they are also cadres." At the beginning of his tenure, Peng Chunlin recognized and cherished his new identity, and as a farmer's son, he was also very sympathetic to the people's livelihood and suffering, and he was determined not to live up to the trust of his parents and fellow villagers. To this end, he advanced funds to purchase harvesters and rotary cultivators for collective farming operations on abandoned land, and was also responsible for coordinating and liaising with the masses to recover more than 90 yuan of land rent...... If the subjective world relaxes its vigilance, ideals and beliefs will gradually be lost. In the praise of the villagers for him, Peng Chunlin gradually became a little fluttery, and his mentality quietly changed. "Why don't I get much reward for my busy work every day, while some village cadres play cards and drink tea every day, but they have a prosperous life?" Under the erroneous idea of "blindly staring only at his own hard work", he began to look at the places where he could "reach out" and look for a "cash cow" for profit. Villager Peng Moumou is a rural subsistence allowance "marginal household" in Daozu Village, Longsheng Town, and in order to improve his living conditions, he applied to the government for the renovation of dilapidated houses in September 2021. During the preliminary examination of Peng Moumou's qualifications, Peng Chunlin, who wanted to have another "harvest", began to have "crooked thoughts". He briefed Peng Moumou: "The number of places for the renovation of dilapidated houses is limited, and it is very difficult to approve it, so you need to go to the top to 'walk around'." Hinting that Peng Moumou had some "worry about the fee", although Peng Moumou was extremely reluctant, he felt that Peng Chunlin had the final say in this matter, so he had to reluctantly agree. Obviously, the statement that the "indicators" for the renovation of dilapidated houses are limited is all nonsense from Peng Chunlin. After receiving 2,000 yuan in cash from Peng, Peng Chunlin handed over the application materials for the renovation of dilapidated houses to the superior department, and Peng Moumou was grateful. "According to the regulations, the dilapidated housing renovation index is limited, not everyone can apply if they want to, and the things I help you coordinate can't be said. Otherwise, when you check it up, you won't get a penny. Peng Chunlin continued to fool the masses. Peng Chunlin, who didn't do anything and relied on just one or two words of "deception" to get what he wanted, tasted the "sweetness" and began to look for the next "target". Soon, Peng Chunlin can help everyone to complete the dilapidated house renovation in the village, Zheng Moumou, a villager who is in line with the dilapidated house renovation policy, and others heard the rumors, but also found Peng Chunlin to seek "help", Peng Chunlin repeated the old tricks, and one by one accepted Zheng Moumou and others to give 1000-2000 yuan of "worry fee".
Misappropriation of places and false acceptance
Peng's house was built in the 80s of the last century and fell into disrepair, meeting the basic conditions for the renovation of dilapidated houses. However, because the renovation cost of 4-50,000 yuan exceeded his psychological expectations, Peng took the initiative to give up the opportunity to renovate the dilapidated house. How to deal with the situation that meets the conditions for dangerous reform but is unwilling to transform? Just give up, what a loss! How can we make good use of the "resources" at hand? Peng Chunlin started a "small abacus" again. In December 2021, Peng Chunlin took advantage of his position in the preliminary examination of qualifications to fraudulently use Peng's name to enter his family's basic information into the dilapidated housing renovation information platform. Two months later, Peng Chunlin pretended to take the cadres of the town and village construction office to Peng's house to conduct a dilapidated house assessment. Subsequently, he forged Peng's signature to make a false "Completion Acceptance Form" and passed the project acceptance, and forged Peng's signature to make a false "Power of Attorney", and entrusted the government department to transfer the subsidy of 20,000 yuan to the personal bank account of a craftsman arranged by him in advance in the name of Peng. Soon, Peng Chunlin received 20,000 yuan of subsidy funds for the renovation of dilapidated houses through the craftsman's bank account for personal consumption. If it is not cheap, it will take everything. Peng Chunlin, who was stunned, could no longer hold back the greed in his heart, and he was bold and reckless, "not refusing to come" and "taking all the big and small". Not only did it continue to collect information on villagers who met the policy but were unwilling to participate in the renovation of dilapidated houses, but also helped villagers who did not comply with the policy but wanted to renovate dilapidated houses to fraudulently use other people's information to apply for renovation quotas. "The information made is in line with the policy, and the actual situation is unknown!" Peng Chunlin, who had already "figured out the door", continued to defraud a household of the subsidy funds for the renovation of dilapidated houses by making false "Power of Attorney" and "Completion Acceptance Form", bringing the acceptance personnel of the dilapidated housing renovation project to other people's newly built houses, and pretending to be dangerous houses for "fake acceptance".
It's hard to fill the craving, eat dry and take it clean
"The renovation of your own dilapidated houses is not good, and the acceptance cannot be passed, I will help you recommend good craftsmen, and you don't have to worry about anything." "He is our village party secretary, and we don't know anything about construction, so we listen to him about the renovation of dilapidated houses, and we also want to worry." The heron splits the meat on the legs, and the butterfly has fat in the belly. Peng Chunlin, who was eaten beyond recognition by greed, can still see the trust of the villagers. In order to "eat dry and take clean" more benefits in the renovation of dilapidated houses, he set his sights on "craftsmen" again. Peng Chunlin took advantage of the convenience of the village committee's participation in the whole process of dilapidated house renovation and acceptance, and successively introduced 15 dilapidated house renovation projects to familiar craftsmen Qi Moumou and others, and charged Qi Moumou and others 30,000 yuan for the "introduction fee" according to the standard of 2,000 yuan per household. After seeing that the business of the craftsmen recommended by Peng Chunlin was booming, other craftsmen gradually tacitly agreed. In August 2022, Peng Chunlin, a craftsman who does not have the qualification of a rural construction craftsman, approached Peng Chunlin, hoping that he would help introduce the dilapidated house renovation project, and promised that the profits from the project would be shared equally between the two. Seeing that Peng Chunlin, who was open-eyed, immediately agreed. Subsequently, Peng Chunlin borrowed the training certificate of rural construction craftsmen of Qi Moumou and others to introduce the renovation project of 5 dilapidated houses to Peng Moumou for construction. A few months later, 100,000 yuan of dilapidated house renovation subsidy funds went to Peng's account, and the two couldn't wait to divide it privately, and Peng Chunlin made a personal profit of more than 50,000 yuan. At the beginning of 2024, when he learned that the County Commission for Discipline Inspection and Supervision was investigating the dilapidated housing renovation project, Peng Chunlin saw that the false claims and the interception of the people's dilapidated housing renovation funds were about to be exposed. However, if no one knows, he must not do it himself. Peng Chunlin could not escape punishment after all.
[Case Analysis]
The rural dilapidated housing renovation fund is a special subsidy fund for the government to help rural low-income groups with potential housing safety hazards to renovate their housing, which reflects the warmth of the party and the government. As the village party secretary, Peng Chunlin tried his best to "make money" in every aspect of the renovation of the villagers' dilapidated houses, exerted the power in his hands to the extreme, and tried his best to be "greedy". If "fly greed" is not eliminated, its harm is like that of a "tiger". At present, the whole province is carrying out a centralized rectification of unhealthy trends and corruption around the masses, and in order to achieve greater practical results, it is necessary to severely punish the "flies, greed, ants, and corruption" around the masses such as "Peng Chunlin", so that the people can feel the care and care of the Party Central Committee and General Secretary Xi Jinping, and fairness and justice are around them. Peng Chunlin seriously violated the party's discipline, constituted a violation of duty and was suspected of taking bribes, and did not restrain or stop after the 18th National Congress of the Communist Party of China, which is serious in nature and has a bad impact, and should be seriously dealt with. In accordance with the Regulations on Disciplinary Sanctions of the Communist Party of China, the Supervision Law of the People's Republic of China and other relevant laws and regulations, Peng Chunlin was expelled from the party; According to the Criminal Law of the People's Republic of China and other relevant provisions, Peng Chunlin's conduct should be found to constitute the crime of corruption and accepting bribes.
1. Article 27 of the "Regulations on Disciplinary Sanctions of the Communist Party of China" (2018): Where Party organizations discover in the course of disciplinary review that Party members have committed corruption, bribery, abuse of power, dereliction of duty, power rent-seeking, benefit transfer, favoritism, waste of state assets, and other suspected criminal acts in violation of the law, they shall be removed from internal Party positions, placed on Party probation, or expelled from the Party. Article 112:Where any of the following conduct is committed, those directly responsible and those with leadership responsibility are to be given warnings or serious warnings where the circumstances are more minor; where the circumstances are more serious, sanctions of removal from internal Party positions or Party probation are to be given; where the circumstances are serious, a sanction of expulsion from the Party is given: ...... (5) Making things difficult for the masses when handling affairs involving the masses, or taking cards for them; …… Where there is any conduct described above in the field of poverty alleviation, the punishment is to be heavier or aggravated. 2. Article 63 of the "Regulations on Disciplinary Sanctions of the Communist Party of China" (2024): Those who resist organizational review and commit any of the following acts are to be given warnings or serious warnings; where the circumstances are more serious, sanctions of removal from internal Party positions or Party probation are to be given; where the circumstances are serious, a sanction of expulsion from the Party is given: ...... (5) Other conduct against organizational review. 3. Article 33 of the "People's Republic of China Law on Governmental Sanctions for Public Employees": Those who exhibit any of the following conduct are to be given warnings, demerits, or major demerits; where the circumstances are more serious, they are to be demoted or removed; where the circumstances are serious, they are to be dismissed: (1) where they are corrupt or bribed; …… Those who refuse to follow provisions to correct the illegal positions, part-time jobs, or business activities of persons with specific relationships, and do not obey the adjustment of positions, are to be removed. Article 34: Those who accept gifts, cash gifts, negotiable securities, or other property that might affect the fair exercise of public power are to be given warnings, demerits, or major demerits; where the circumstances are more serious, they are to be demoted or removed; where the circumstances are serious, they are to be dismissed. Article 38: Where any of the following conduct is committed, and the circumstances are more serious, warnings, demerits, or major demerits are to be given; where the circumstances are serious, they are to be demoted or removed: ...... (2) Deliberately making things difficult or taking cards in management service activities; …… 4. Article 45 of the "People's Republic of China Supervision Law": Based on the results of supervision and investigation, the Supervision Organs are to make the following dispositions in accordance with law...... (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; …… Article 46: After investigation, the Supervision Organs are to confiscate, recover, or order restitution of illegally obtained property in accordance with law; Assets obtained in connection with a crime shall be transferred to the people's procuratorate along with the case. 5. Article 6 of the "Several Provisions on the Honest Performance of Duties by Rural Grassroots Cadres": It is forbidden to abuse power and harm public and private interests in the management of village-level affairs. The following acts are not permitted...... (2) Eating or taking cards, deliberately making things difficult for the public, or accepting or soliciting property, in family planning, settlement, funeral, or other management or service work, or when entrusted with official activities; …… 6. Article 382 of the Criminal Law of the People's Republic of China: A state functionary who takes advantage of his position to embezzle, steal, defraud or illegally take possession of public property by other means is guilty of corruption. …… 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. In the course of economic dealings, state functionaries violate state regulations by accepting kickbacks and fees in various names, which belong to individuals, shall be punished as accepting bribes. Source: Honest Sichuan Author: Xia Qiao
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