The picture shows the items involved in the case that were handed over for registration and temporary seizure by investigators from the Discipline Inspection and Supervision Committee of Huangshi City, Hubei Province. Photo by He Ge
html On July 31, Zhao Zhengyong, former deputy chairman of the Internal Affairs Judicial Committee of the 12th National People’s Congress and former secretary of the Shaanxi Provincial Committee of the Communist Party of China, was sentenced in the first instance of the bribery case. The Tianjin No. 1 Intermediate People's Court found that he had accepted bribes of more than 717 million yuan and sentenced him to death with a two-year suspended execution. He was deprived of political rights for life and confiscated all his personal property. After the two-year suspended execution of his death penalty, it was commuted to life imprisonment in accordance with the law. After that, he will be sentenced to life imprisonment without the possibility of commutation or parole.Previously, the Central Commission for Discipline Inspection and the State Supervisory Commission seized, sealed and transferred the property involved in the Zhao Zhengyong case to the judicial authorities, amounting to approximately 631 million yuan. At the same time, the real estate and company equity related to Zhao Zhengyong were also seized and frozen, totaling approximately 100 million yuan, and will be disposed of in accordance with the court's judgment. In addition, the disciplinary inspection and supervision agencies recovered all property Zhao Zhengyong obtained from violating disciplines and laws.
Strengthening the supervision of property involved in the case is an important step in promoting review and investigation in accordance with regulations, disciplines and laws. It is a major measure to protect national interests from being harmed. It is an important measure for discipline inspection and supervision agencies to strictly manage internal management and strictly prevent "darkness under the light". In recent years, the Central Commission for Discipline Inspection and the National Supervisory Commission and the Commission for Discipline Inspection and Supervision at all levels have improved their management mechanisms, strictly adhere to the bottom line of safety, strive to improve the institutionalization, standardization, refinement, and informatization level of the management of property involved in the case, and promote the high-quality development of discipline inspection and supervision work. How to pursue
: Strict procedural regulations to ensure that seizure, seizure and freezing measures are legal and standardized
Since the 19th National Congress of the Communist Party of China, the Central Commission for Discipline Inspection and the National Supervisory Commission have investigated Zhao Zhengyong, Zeng Zhiquan, Chen Gang, Zhao Hongshun, Yun Guangzhong, Lai Xiaomin and others for violations of discipline and law. During the review and investigation, the property involved in the case was dealt with in accordance with regulations, disciplines and laws, and the losses caused by violations of disciplines and laws to state property, collective property and the legitimate property of individual citizens were recovered.
The management of the property involved in the case is an important part of anti-corruption work and an important part of the review and investigation work carried out by disciplinary inspection and supervision agencies in accordance with regulations and disciplines. "If we handle a case and only find out the facts but fail to recover economic losses for the country and the collective, it cannot be regarded as a successful case, and the people will be dissatisfied, and it may also lead to corrupt elements having a fluke mentality: 'Sacrifice me, and you will be lucky. Happy family,'" said Zhou Zhixiang, deputy secretary of the Discipline Inspection Commission and deputy director of the Supervisory Committee of Huangshi City, Hubei Province.
Whether the property management involved in the case is properly managed is not only related to whether the country's losses can be recovered in a timely and effective manner, but also directly related to the protection of the legitimate rights and interests of the parties involved in the case, as well as the effectiveness of disciplinary inspection review and the credibility of the disciplinary inspection and supervision agencies. For example, if the subject under review actively cooperates with the investigation and voluntarily withdraws from the illegal gains obtained in violation of disciplines and disciplines, this will constitute a mitigating circumstance according to the "Disciplinary Punishment Regulations of the Communist Party of China" and the "Supervision Law of the People's Republic of China". The supervisory authority may refer the case to the prosecutor when transferring it for review and prosecution. The agency made recommendations for lenient punishment.
The "Supervision Law of the People's Republic of China", "Regulations on the Supervision and Enforcement of Discipline Inspection Organs of the Communist Party of China", "Regulations on the Supervision and Enforcement of Supervisory Organs", and "Regulations on the Use of Supervision, Inspection, Review and Investigation Measures by the Central Commission for Discipline Inspection and the National Supervisory Commission" have been formulated and implemented in recent years. etc., and strictly regulated the approval authority, handling procedures, document formats, etc. for various measures such as sealing, detaining, freezing, etc. Discipline inspection and supervision agencies at all levels continue to improve systems, standardize procedures, strengthen supervision, and strengthen the management of property involved in cases from the source.
"Nowadays, the approval process for investigation measures is very strict. During the disciplinary review, we must not only prepare documents such as search and lien, but also prepare documents such as sealing and detaining. The approval procedures are strict and we must not expand the scope of sealing and detaining at will. This It not only protects the property rights and interests of those involved in the case, but also protects the safety of the personnel handling the case," Zhou Zhixiang said.
Huangshi City Discipline Inspection and Supervision Committee took detention measures against Tong Jinbo, a county-level cadre of Huangshi City Transportation Bureau and former secretary of Yangxin County Party Committee. The task force produced a search warrant and documents to seize the property involved in the case. The offices and dormitories were searched at the same time. On-site inspections were carried out with county party committee staff before registration and signatures were made. At this time, the task force learned that Tong Jinbo had another residence.However, they did not rush to the above-mentioned residence to conduct searches. Instead, while guarding and protecting them, they reported to the main responsible comrades of the Municipal Commission for Discipline Inspection and the Municipal Party Committee. After obtaining approval, they then conducted searches in other locations and seized items at one of the sites. Tong Jinbo resisted the organization's investigation notes and received cash, and the task force seized them in accordance with the law, which played an important role in the breakthrough of the case. During the review and investigation process,
must strictly comply with regulations, disciplines and laws every time it uses investigation measures. For items to be sealed, seized, or frozen, carefully analyze whether and what relationship they have with the case, and do not arbitrarily expand the scope of seizure, seizure, or freezing. A certain municipal supervisory committee froze the deposit account of the deputy director of the municipal housing and Urban-Rural Development Bureau in accordance with the law when investigating his suspected bribery crime. After investigation, it was found that 1 million in his bank account was funds remitted from other places by his cousin with the intention of entrusting him to help purchase real estate in the city, which had nothing to do with the case. After finding out the situation, the supervisory authority carried out relevant procedures in accordance with the law the next day, went through the procedures to lift the freeze, and returned the 1 million yuan to the deputy director's cousin.
In the second half of this year, the Case Supervision and Management Office of the Central Commission for Discipline Inspection and the State Supervisory Commission will study and revise the management system for the property involved in the case, and will make further work arrangements to prohibit the seizure, seizure, and freezing of the property involved in the case beyond the scope and standard. How to manage
: Strengthen the supervision of the whole process to ensure that the source is clear, the destination is clear, the trajectory is traceable, and the whole process is monitored.
The management of the property involved in the case involves the supervision and inspection department of the disciplinary inspection and supervision agency, the review and investigation department, the financial (custody) department, the trial department, and case supervision and management. Departments, public prosecutors and other agencies have long management chains, many links, and large time spans. Strict internal management and preventing "darkness under the light" are the key to promoting the management of property involved in the case.
“The management of property involved in the case requires the joint participation of multiple departments of the discipline inspection and supervision agencies, which not only strengthens collaboration and mutual supervision, but also supervises and restricts each other.” Chi Shiluan, deputy director of the Case Supervision and Management Office of the Fujian Provincial Commission for Discipline Inspection and Supervision, said that currently, the Discipline Inspection and Supervision Commission of Fujian Province is in the management of property involved in the case. Implement the "three-step approach": the supervision, inspection, review and investigation departments will make seizures, put forward handling opinions and then transfer them to trial. The trial department will conduct review and control, and then report to the Standing Committee of the Discipline Inspection Commission for study and decision; implement the "four separations", where supervision, inspection, review and investigation will be carried out. The department implements seizures, the financial department implements custody, the trial department is responsible for review, and the case management department is responsible for supervision. The system design has improved the management mechanism of property involved in the case.
At the same time, the disciplinary inspection and supervision agencies started by standardizing the work process of the property involved in the case, and further strengthened the supervision of the entire process of sealing, detaining, freezing, transfer, custody, and disposal, so as to plug management loopholes to the maximum extent.
"We insist on strict acceptance starting from the 'entrance', standardize the handling procedures and time limit requirements, actively follow up on the property involved, transfer it in time, and do a good job in receiving the property." Zhou Zhixiang introduced that the Huangshi Municipal Commission for Discipline Inspection and Supervision will strictly control the property involved. The work steps of "one look, two verifications and three records" for handover: First, check whether the approval procedures for the seizure, seizure, and freezing of property and the signatures of the handover orders are complete and complete. If the procedures are incomplete, they will not be accepted; secondly, carefully check the quantity of the property , appearance and other elements are consistent; finally, according to the standard of "one case, one cabinet, one object, one label", take photos one by one, mark them and seal them. Multiple departments participated in the handover process, signed and confirmed the handover and custody list, and recorded and videotaped the entire process simultaneously to ensure that it was well documented.
The Case Supervision and Management Office of the Commission for Discipline Inspection and Supervision of the Inner Mongolia Autonomous Region has designed and produced a special sealed bag for the property involved in the case. The seized valuables must be sealed with it, fill in the case code, the name of the subject of the investigation, the undertaking department, the undertaker and the recipient, and fill in the Indicate the date of sealing in the remarks. "The sealed bag is pasted and sealed once, and it must be resealed and signed after being opened during identification, appraisal, and retrieval. This not only effectively prevents acts such as subcontracting, but also ensures that traces are left throughout the entire evidence collection process." Supervision and guidance from the Case Supervision and Management Office of the Autonomous Region Discipline Inspection Commission Director Hao Huiming said.
takes careful care to ensure the safety of your property. The Central Commission for Discipline Inspection and the National Supervisory Commission have improved the management mechanism of property involved in the case and strictly adhere to the bottom line of safety.Open a special account for the money involved in the case, assign a person to be responsible for it, check it in real time, turn it over regularly, and settle it daily and monthly; set up a special place for the storage of the items involved in the case, inspect and photograph each item one by one, record the information of the items in a standardized manner, strictly implement the handover and retrieval procedures, and divide the warehouses into warehouses , keep them properly by category and case.
Discipline inspection and supervision agencies have comprehensively promoted the use of the property information management system involved in the case, which has reduced duplication of work among various departments, improved the quality and efficiency of the management of the property involved, and also helped to strengthen the full-process supervision of the property involved in the case from source to disposal. "The comrades handling the case entered the property involved in the case in a stand-alone version at the seizure site, and imported the data into the intranet immediately after returning to the unit. The case supervision and management department can grasp the status of the property involved online through the system." Chi Shiluan said.
counts items and posts barcodes while entering them into the system and describing characteristics. Recently, at the home of a detained person, two comrades from a task force of the Inner Mongolia Autonomous Region Commission for Discipline Inspection and Supervision entered the property involved in the case that had just been seized into the property information management system of the Central Commission for Discipline Inspection and the State Supervision Commission. The entire process was completed under simultaneous audio and video recording, and family members and third-party witnesses were invited to witness. The property involved in the case was not registered, numbered, imaged, and whereabouts from entry to exit.
As one of the four trial provinces, autonomous regions and municipalities that have fully launched the property information management system involved in the case, the Commission for Discipline Inspection and Supervision of the Inner Mongolia Autonomous Region has launched the system since October last year. It requires that all property involved in newly filed cases must be entered into the system and strictly follow the operating guidelines. Use the system for the entire process and all elements. As of July this year, a total of 12,417 items and 310 million yuan of money involved have been recorded in 50 projects of the Autonomous Region Discipline Inspection and Supervision Commission. 2,078 cases of items and 9.06 million yuan of money have been tried, ensuring that "the situation is clear and the figures are accurate."
"Log in to this system, which items, what characteristics, when to seize, who to hand over, all procedures and details, there are registration online and offline procedures, the source of the property involved is clear, the whereabouts are clear, the track is traceable, and the whole process is monitored "The case supervision and management department's supervision of the property involved in the case has changed from static and post-event supervision to dynamic and simultaneous supervision," said Hao Huiming.
"The approval process has become more stringent, the registration items are more detailed, and the property management is traceable. From the perspective of the supervisor, with a real starting point, it is easier to supervise the ideas." Chi Shiluan said.
As a full-time supervision and management department of the disciplinary inspection and supervision agency, the Case Supervision and Management Office also regularly conducts supervision and inspections on the standard use of measures, complete procedures, property accounts and other matters, and timely reminders for corrections. Last year, the Commission for Discipline Inspection and Supervision of the Inner Mongolia Autonomous Region conducted two inventories and disposals of the property involved in the case that had been accumulated since 2015. In July this year, it conducted another large-scale review of the property involved in the completed cases and investigated the problems existing in the management of the property involved. To correct and rectify, each task force and dispatched (outgoing) agencies regularly carry out comprehensive self-examination and cleanup of property involved in self-handled and designated cases, and effectively prevent corruption and misappropriation, interception and misappropriation, private storage, exchange and loan, purchase at a low price, and failure to timely Handling over the property involved in the case, failing to timely implement the decision to deal with the property involved in the case, and other disciplinary and illegal behaviors.
How to dispose of it better: Be prudent and prudent to ensure that the whereabouts of each property involved in the case is clear and traceable
The public is generally concerned about how the property involved in the case was finally disposed of. Whether the handling is legal or not is related to the credibility and authority of the discipline inspection and supervision agencies. In order to secure the "export" of the property involved in the case, the Discipline Inspection and Supervision Commissions at all levels adhered to the rules and disciplines and carried out the disposal of the property involved in a prudent and prudent manner to ensure that the whereabouts of each property involved in the case was clear and traceable.
The discipline inspection and supervision organs’ principles for handling the property involved in the case are: if it is suspected of criminal proceeds, when the case is transferred to the judicial authorities, the relevant property will also be transferred to the judicial authorities for processing according to law; if it is illegal income that violates disciplines, it will be collected by the discipline inspection and supervision organs in accordance with disciplines and law. Turn it over to the national treasury; any property that is not involved in the case after investigation will be returned in a timely manner.
“The ‘screening’ is a key task.” The relevant person in charge of the Commission for Discipline Inspection and Supervision of Jinhua City, Zhejiang Province said that on the one hand, it is the “screening” of the nature of the property involved.If confiscated or recovered in accordance with disciplines and laws, the procedures shall be completed in a timely manner and turned over to the state treasury; suspected criminal proceeds shall also be transferred to the procuratorate for review and prosecution. On the other hand is the "screening" of the legality of the property involved. Strictly distinguish the seized property involved in the case from illegal gains and legal property. If it is found that it has nothing to do with the violation of discipline and law, the seizure, seizure, and freezing will be released in a timely manner in accordance with regulations, and the original property will be returned to the person under investigation. If the original property has been consumed or damaged , compensate with property of equivalent value.
Effectively protecting the legitimate rights and interests of the parties is something that the Discipline Inspection Commission and Supervisory Committees at all levels have always attached great importance to. When the Huangshi Municipal Commission for Discipline Inspection and Supervision was investigating Zhang Jie, member of the Standing Committee and Vice President of the Party Committee of Hubei University of Technology, and General President and Party Secretary of the Edong Medical Group, they successively seized 41 pieces of property involved in the case in accordance with regulations and disciplines. It was determined that the property involved in his suspected bribery was equivalent to RMB 5.387 million, and other unidentified properties were promptly returned to his relatives.
Discipline inspection and supervision agencies have also actively explored the disposal of items involved in illegal gains. Compared with the money involved in the case, the disposal of the items involved in the case is relatively complicated. How to expand disposal channels is the focus of practical exploration.
The Central Commission for Discipline Inspection and the National Supervisory Commission implement the Supervision Law and other laws and regulations, and transfer rare animals and plants, their products, and cultural relics that are prohibited from listing and trading to professional authorities in accordance with the law on the basis of entrusted public auctions and buybacks. In accordance with the "Notice on Real Estate Registration Agencies Assisting Supervisory Authorities in Handling Real Estate Registration in the Disposal of Property Involved in Cases" and "Notice on Regulating Public Security Agencies in Assisting Supervisory Authorities in Handling Motor Vehicle Registration in the Handling of Property Involved in Cases", real estate and motor vehicles were auctioned and disposed of.
Some places are also actively exploring ways to expand disposal channels for items involved in the case through public auctions. Not long ago, the Jinhua Municipal Commission for Discipline Inspection and Supervision of Zhejiang Province entrusted the Municipal Public Resource Trading Center to conduct a public auction on 70 items seized over the years and the auction proceeds were directly handed over to the state treasury by the auction agency. "In order to prevent possible damage or loss when moving the items involved in the case, we entrusted a qualified appraisal agency to conduct an on-site appraisal at the storage location of the property involved before the auction, and listed the value of each item one by one." said the relevant person in charge of the Jinhua Municipal Commission for Discipline Inspection and Supervision. .
"The people are deeply abhorred by corruption. They believe that the property involved is 'people's wealth', and they are highly concerned about how to pursue, manage and dispose of it. We must continue to improve the standardization and legalization of the management of property involved and respond to the concerns of the masses." Central Commission for Discipline Inspection The relevant person in charge of the Case Supervision and Management Office of the State Supervision Commission said. (Han Yadong)
