Life turns from glorious police to shameful prisoner
——Analysis of the bribery case of the former detachment leader of the Economic Investigation Division of Xiamen Public Security Bureau
Police officers have the sacred duties of investigating and punishing crimes and maintaining public order. As a leading cadre who has “deeply cultivated” in the public security system for more than 30 years, Wang Jiabin should have taken the lead in respecting, observing, and defending the law in law enforcement, but he repeatedly broke the law, broke the law, and even resisted the law. The sacred power given by the people is used as a tool to "get rich and become rich", which seriously damages the image of police officers among the masses and the credibility of public security law enforcement.
"The defendant, Wang Jiabin, was convicted of bribery and sentenced to 11 years and six months in prison with a fine of RMB 1 million." On December 16, 2017, Wang Jiabin, former head of the economic crime investigation detachment of Xiamen Public Security Bureau, was in a bribery case. Xiamen Intermediate People's Court pronounced a judgment. At the moment when the judge hammered the hammer, Wang Jiabin officially completed the life reversal from glorious police to shameful prisoner.
After investigation, Wang Jiabin not only seriously violated political discipline, organizational discipline, integrity discipline, and work discipline, but also violated national laws and regulations by accepting more than 7 million yuan in bribes. He was eager to smoke his heart deformity and "get rich", and he planted a big heel when he was nearing retirement. He failed to "safely land". Why did Wang Jiabin fall into the mire of crime? What enlightenment did his corruption degenerate?
The game of power behind the boom
General Secretary Xi Jinping has repeatedly emphasized: "As a party cadre, we need to talk about selflessness, distinction between public and private affairs, public and private affairs, and forgetfulness in public affairs." Cadres should draw a red line in their thinking and a clear line in their behavior. Only in this way can they not be disturbed by selfishness, trapped by human relationships, not burdened by relationships, and not befuddled by interests.
In the 1980s, 27-year-old Wang Jiabin entered the Xiamen public security system through Kaogan and became a glorious policeman. In the following thirty years, he gradually stepped from an ordinary civilian police to an important leadership position, successively served as the secretary and director of the Kaiyuan Branch of the Xiamen Public Security Bureau, and the secretary and director of the Huli Branch of the Xiamen Public Security Bureau. Leader of Economic Investigation Detachment Branch of Municipal Public Security Bureau. "Although the work of the grass-roots police is a bit tired and painful, I have no evil intentions and live a happy and calm life." However, as Wang Jiabin took the leadership position, his mentality began to change slowly. How to manage for personal gain, not how to use power for the people. Taking advantage of the convenience of his job and running a tea shop for his family to make a profit is one of his ways to "get rich".
In 2005, while Wang Jiabin was the party secretary and director of the Huli Branch of the Xiamen Public Security Bureau, his family started a tea shop. According to a case investigator, this tea shop has been in the market for a few years, and its business has been booming. Many of the people who came to buy tea and make tea were subordinates of Wang Jiabin. One day in 2010, Wang Jiabin asked a subordinate of the Logistics Division of Huli Branch to eat at home. According to the subordinate's account, Wang Jiabin's family asked him where he bought the working tea in the Huli branch, and how much tea did he purchase each month? The subordinate immediately understood the profound meaning of Wang Jiabin's family questioning. Before leaving, his subordinates informed Wang Jiabin that Wang Jiabin's family members could purchase tea at the tea shop of Wang Jiabin's family members. The idea was received by Wang Jiabin. Since then, the Logistics Division of the Huli Branch has repeatedly received tea at the tea shop purchasing unit of Wang Jiabin's family. "In order to have a good relationship with Wang Jiabin, we purchased tea from his family's tea shop, including the tea that I personally needed later." After investigation, during the period of Wang Jiabin's appointment as director of the Huli Public Security Bureau, the Huli branch bureau agency , Subordinate brigade, police station, and many police have purchased hundreds of thousands of tea in the tea shop opened by Wang Jiabin's family. Some policemen are close to Wang Jiabin ’s family members in buying tea and making tea. I hope that Wang Jiabin ’s family members can “speak” in front of the director when they are promoted; some policemen give Wang Jiabin gifts directly through tea shops in order to obtain leadership. "Approved." In this way, ordinary tea shops have become a convenient channel and "communication" platform for some people to get closer to Wang Jiabin.
"The poor discipline of my family is an important driving force for me to slip into the criminal pit. I disregard the Central Government's three orders and five applications, and let my family members make money under the guise of opening a tea shop. Without my directorship, the business of the tea shop would not be so thriving. Wang Jiabin knew very well why the family's tea shop business was booming, and he also knew the bad influence that the family members opened a tea shop on, but he did not stop it. "If she was so ruthless that she closed the tea shop at that time, there might not be so many things in the back ..." When referring to the opening of the tea shop by her family members, Wang Jiabin occasionally lowered her head while scratching the exposed temples of the green tendons while hiding the redness. s face.
"In the family, if there is someone who can remind and supervise my internal help, I will not go where I am today." Wang Jiabin, while serving as the director of the Huli Public Security Bureau, did not run a tea shop for family members in violation of integrity and discipline. Taking profit seriously, failed to develop a good habit of using power, but as the director's qualifications increased, he constantly touched the "high-voltage line", the scope of receiving gifts became wider and wider, the number of times more and more, the courage The bigger the impact, the worse. Wang Jiabin's case tells us that if leading cadres fail to uphold public rights and have a fearful heart, and cannot handle the relationship between public and private affairs, love, and law, they are destined to go further and further on the road of disciplinary violations.
"Three Views" lost direction
Repeatedly breaking the law in law enforcement
"As conditions and circumstances change, there are more people who compliment you, and more people who actively vote for you and nod more. The whole outlook on life, world outlook, and values slowly distort, and slowly forget that you are one. A people ’s policeman. ”As a leading cadre of a public security organ, Wang Jiabin should have carefully studied the party ’s political theory and mastered discipline and law in order to enforce the law impartially and safeguard the dignity of the law. However, he has not paid much attention to studying political theory, laws and regulations for a long time, is not serious, is not in awe, lacks ideals and beliefs, and weakens political quality. Such leading cadres can easily distort the "three views" under the temptation of interests and become captives of money.
Criminal law enforcement is related to social harmony and judicial credibility. As the leading cadre of the public security system, the most important power in his hands is undoubtedly the criminal investigation power. The businessmen and Wang Jiabin played "hot" and hoped that he would take care of the case. Wang Jiabin should understand the seriousness and importance of criminal law enforcement, and actively defend the dignity and authority of criminal law. However, he used this sacred power as a tool to "get rich and become rich", using the investigative power of criminal cases to madly accumulate millions of dollars.
"Friends are excessive, love face, and rivers and lakes are heavy." The case handler commented on Wang Jiabin in this way. After Wang Jiabin served as the director of the Huli branch of the Xiamen Public Security Bureau, he began to like dealing with wealthy businessmen. After frequent cup-changing and changing rooms, he became a "brother" with whom he had nothing to say. His vanity was unprecedented. Satisfied, the "Three Views" are gradually distorted. Wang is the chairman of a real estate company and one of Wang Jiabin's "brothers." Around 2011, Wang Jiabin accepted the RMB 2 million given by Wang on behalf of buying unlisted shares in a commercial real estate. After this, "brother" Wang's busy Wang Jiabin always "do my best". One night at the end of 2012, Wang called Wang Jiabin, saying that his friend He Mou had an economic dispute with another and hurt someone. He hoped that he would not be detained. Wang Jiabin immediately called Lin, the former director of the Huli Police Station, to explain that Lin shouldn't imprison He, first apply for bail pending trial and mediate the case. Lin told Wang Jiabin that He's behavior did not meet the conditions for bail pending trial, it was difficult to obtain bail pending trial, and he could not mediate. Wang Jiabin was very annoyed when he heard such a reply from his subordinates. According to Lin Mou, Wang Jiabin directly ordered on the phone at the time: "He Mou can't be detained, mediation will be dealt with!" Lin Mou had no choice but to force the handling police to try to settle the case, but it was not successful. During the process of approval of the case in the Huli Branch, the relevant handling staff did not agree to apply for bail to He Mou for trial. Mr. Lin then reported to Wang Jiabin again that the branch did not agree to obtain bail and had to go through criminal detention procedures. What Lin didn't expect was that Wang Jiabin became furious on the spot: "I already told you to get a bail, you still have a criminal detention. You don't listen to my words? This person can't be detained, you can only get a bail!" "He said loudly My wings were stiff and I did n’t do what he wanted. At that time, the two policemen were also present and they heard it. The scene was awkward. ”Lin Mou said helplessly, and then he had to obey Wang Jiabin ’s“ order ”to obtain security for He Mou Awaiting trial.
Under Wang Jiabin's strong intervention, serious criminal investigation became a child's play, and the credibility of law enforcement by the public security organs disappeared. While serving as the director of the Huli Public Security Bureau, Wang Jiabin often used the case as a "shunshuiqing" in addition to directly intervening in violations of the case, in exchange for considerable benefits for himself. Among the trustees, some hope not to be investigated by criminals, and some hope to get bail pending trial. The money these people gave to Wang Jiabin ranged from tens of thousands of yuan to hundreds of thousands of yuan. In his view, the suspects in some cases themselves are eligible for bail pending trial or lighter handling. He just received a small fee in the process of sending "shunshui renqing".
"As a director of public security, he lacks a minimum awareness of law and discipline, and actually thinks it is normal to collect such money." The case investigator analyzed this. In fact, what Wang Jiabin called "human sentiment" is essentially a transaction of power and money, a crime of accepting bribes, and a serious violation of the integrity of state officials. Wang Jiabin's bribery case warns public officials alive that without strengthening study and ideological reform, it is easy to weaken the ability to resist temptation, and a little understanding of the law and discipline will strengthen chance, this "weakness and strongness" causes distortion of the "three perspectives" and eventually walks away The wrong way to go to work crime.
The upper beam is not crooked. Under the influence of Wang Jiabin, the political ecology of the Huli Public Security Bureau was severely damaged. Some policemen are not thinking about how to use their powers and perform their duties well, but how to tie up Wang Jiabin. In addition to sending money and cards, some policemen also send expensive watches, furniture jade, gold jewelry and so on. The judgment found that Wang Jiabin used the convenience of serving as the director of the Huli Branch to preside over the overall work of the branch. He received dozens of times and received nearly 800,000 yuan in property from more than 20 subordinate police officers, which helped these police officers in promotion and adjustment of posts. Under the influence of bad ethics, many policemen in the Huli Public Security Bureau were investigated and punished for disciplinary violations. Among them, Chen Mojing, Chen Mozhuo, Yang Mochi and other serious violations of discipline and law have caused bad social impacts. For this, Wang Jiabin failed to perform the party's main responsibility of rigorously governing the party and was responsible for the main leadership.
Obsessed with convergence
Opportunity to Fight Organization Review
After the 18th National Congress of the Party, with the intensification of the party's strict governance and anti-corruption efforts, the situation of loosening and ruling the party has been fundamentally changed, but Wang Jiabin did not realize this. In 2013, Wang Jiabin was reassigned as the leader of the Economic Investigation Division of Xiamen Public Security Bureau. Not only was he unaware of previous crimes, he did not converge, he did not give up, but he also used the power of economic crime investigation to increase his wealth.
Criminal case registration is the key link in investigating criminal responsibility for criminal acts. The criminal procedure law has clear requirements and standards for case registration. But this important statutory case-handling node has become "the way to make money" in Wang Jiabin's eyes. Zheng, the legal representative of a demolition company, met Wang Jiabin at the wine table because of a chance. One day in October 2013, Zheng found Wang Jiabin and said that an investment company in Xiamen was suspected of evading registered capital, and his friend Chen's investment funds would not return. After Chen reported the case, the investigation detachment did not file the case. I hope Wang Jiabin will take care of it. "He said he would help wherever he could, and the investigation team accepted the case within a few days." In order to express his appreciation, Zheng gave Wang Jiabin 200 grams of gold bars and 110,000 yuan in cash.
Detective measures such as seizure and seizure have also been used by Wang Jiabin as "a pure fire." In 2013, the chief of a certain import and export company, Chimou, found Wang Jiabin, claiming that the Xiamen Municipal Public Security Bureau's Economic Investigation Division had seized a company's equity held by his friend Zhang in the process of a fraud case, and hoped that Wang Jiabin would help coordinate and unfreeze as soon as possible. Later, Chimou handed a tea bag containing 200,000 yuan in cash to Wang Jiabin. Then the company's equity was thawed. In addition, Wang Jiabin has repeatedly accepted requests for bail pending trial and light punishment, ranging from tens of thousands of yuan to millions of yuan.
However, "the good times are not long", and many people close to Wang Jiabin have committed crimes one after another. In 2014, Chen Mou, the former deputy director of the Propaganda Department of the Xiamen Public Security Bureau, was brought to justice. Wang Jiabin realized the seriousness of the problem and thought that he had more than 30 years of criminal investigation experience in public security. He instructed the familiar Lee to rent a commercial house on behalf of him and transfer a large number of items involved in the case to the rental house for storage. At the end of 2015, Chen, a shareholder of a company, was investigated by the disciplinary inspection and supervision agency. Wang Jiabin has become a bird of surprise. While he was busy returning some of the bribes to the bribers, he explained that Li had transferred the items involved in the case stored in a rental house somewhere. Li later moved some of the things in the rental house to other places, and sold some of the items to Wang Jiabin after cashing out. In 2016, in order to cover up the crime of accepting bribes, Wang Jiabin discussed with the briber, Huang Mou, in an attempt to disguise the bribery crime as a private loan by writing a "debit note" to cover up the deception organization.
No matter how cunning a fox can't fight a clever hunter, Wang Jiabin violates political discipline, and the act of transferring, hiding, and falsifying evidence against organizational censorship is undoubtedly a shocking tree. On May 4, 2016, Wang Jiabin was put on file for review for suspected disciplinary violations; in July of the same year, Wang Jiabin was transferred to the judicial organs for suspected bribery. When the reporter saw Wang Jiabin in the Xiamen prison, he had already served more than three months in prison, his two faces were pale and hesitating, and Yu Wei, the director of public security, disappeared.
"After so much, what is your biggest insight?" Facing the reporter's question, Wang Jiabin shook his head and sighed heavily. "My lesson is very painful. This is a lesson in exchange for life and freedom. Money What ’s the use of doing so much? I have no money to spend in jail. Now my body is dead and I do n’t know if I can hold it until the day of his release. I just want my children and grandchildren to be safe ... ”
Not a corruption shield
When he met Wang Jiabin in Xiamen Prison in early April 2018, he remained silent most of the time. But when it came to coordinating cases for others, Wang Jiabin suddenly became very excited. He has repeatedly emphasized that in most cases, he did not violate the rules, but only sent "shunshui".
Many Luo Ma officials and Wang Jiabin have similar rhetoric. They think that they have just sent a "shunshui" and incidentally received a "personnel fee". They did not profit for their illegal operations and did not violate the normal management activities of state agencies. . In fact, the so-called "shunshui empathy" is nothing more than a "concealer" that corrupt officials find for their corruption, and it is even more a manifestation of their failure to learn, understand, and fear the law.
China's "Criminal Law" stipulates: "The use of the convenience of the position of state officials to obtain property of others, or to illegally receive the property of others, to obtain benefits for others, is the crime of bribery." "Seek benefits for others" is a constituent element of the crime of bribery one. In April 2016, Article 13 of the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues concerning the Application of Laws in the Handling of Criminal Cases of Corruption and Bribery" (referred to as the "Interpretation") stipulates: "Any one of the following situations shall be identified as' For the benefit of others', if it constitutes a crime, it shall be convicted and punished in accordance with the provisions of the Criminal Law on the crime of accepting bribes: (1) who actually or promises to seek benefits for others; (2) who knows that others have specific entrusted matters; Untrusted, but afterwards received other people's property based on the duty. "The" interests "are not limited to illegal interests or other improper interests.
Wang Jiabin is very clear about the specific entrusted matters of the trustee, and actually or promises to seek benefits for others. According to the above-mentioned "Interpretation", his actions are in line with the constituent elements of the bribery crime "for the benefit of others", regardless of whether there are illegal operations or not. The so-called "shunshuiqing" in his mouth is essentially a transaction of power and money. Although it did not cause "extra" losses to the interests of the country and the people, it seriously violated the integrity of the duties of state officials. As long as the perpetrator intentionally accepts bribes and objectively implements bribery, whether it is "shunshuishui" or "illegal operation", it will be subject to the crime of bribery.