People's Republic of China: Any functionary of a State organ who abuses his power or neglects his duty, thus causing heavy losses to public property or the interests of the State and the people, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. Where this Law provides otherwise, such provisions shall apply. In a
typical case
, Li Mou, during his tenure as Secretary of the Party Committee of an industrial park, knew that the state-owned company A of the industrial park did not have the qualifications and conditions for sand mining, and arranged for the company to participate in the bidding in order to obtain the right to exploit sand and gravel resources in a certain place, and arranged for Sun Mou, representing the state-owned company A, to negotiate with other companies participating in the bidding. Other companies are required not to raise the bidding price to ensure that A state-owned company wins the bid at a low price, and promises to subcontract the right to exploit sand and gravel resources to the companies participating in the bidding after winning the bid.
A state-owned company won the bid for the mining right at a low price of RMB 3.22 million, but did not apply for a sand mining license. Li Mou, knowing that the right of sand and gravel mining can not be subcontracted and that A state-owned company has not obtained a sand mining license, arranged Sun Mou to sign a cooperation agreement on sand and gravel mining and sales with B company without a sand mining license, allowing B company to mine and sell river sand within a designated area of a river basin. Company B's mining of river sand caused the collapse of the river bank. After the county discipline inspection and supervision organ intervened in the investigation, the relevant departments verified that the river sand had been illegally mined for a total of 148,600 cubic meters, with a market value of about 5.3496 million yuan.
Li Mou's behavior caused great losses to the interests of the state, committed the crime of abuse of power, and sentenced him to three years'imprisonment. In
this case, Li Mou, as a staff member of a state organ, let a company without sand mining qualification bid for sand mining rights during his tenure as Secretary of the Party Committee of an industrial park, and let him privately reach a non-bidding agreement with the bidding company. As a result, the state-owned company affiliated to the industrial park obtained the right of sand mining at a low price. Knowing that the right of sand mining could not be subcontracted and that the company had not obtained the sand mining license, it arranged the winning company to sign a cooperation agreement on sand mining and sales with other companies without sand mining license, allowing the mining and sale of river sand in a certain river basin, which seriously undermined the order of river management and caused great losses to the national interests.
Power is a double-edged sword, and keeping power in the cage of the system must not become empty talk or slogans. We must effectively strengthen the supervision of power, tighten the cage of the system, and let power run on the track of the system. To effectively prevent abuse of power, the following aspects should be done well: First, we should allocate power scientifically, clarify the boundary of power, clarify the list of power, and must not use power willfully in disregard of discipline and law, otherwise we will pay a painful price; Second, the competent departments and relevant functional departments should earnestly assume the responsibility of supervision, unify the management of business, cadres and power, improve the supervision system, firmly implement the system, and tighten the cage of power supervision; Thirdly, discipline inspection and supervision organs should base themselves on their functions and responsibilities, integrate supervision into daily life, find problems as early as possible, deepen the use of the "four forms", accurately standardize the implementation of accountability, and resolutely investigate and punish abuse of power and abuse of power for personal gain, and never tolerate it.
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