Yang Dan said: "I won't talk about the judicial interpretation of the crime of accepting bribes or anything. At this time, I would like to start by talking about the sentencing scale for the crime of accepting bribes.

"We all know that the degree of economic development and social prosperity will affect the sentencing scale of the crime of accepting bribes. A certain amount, at the time, may have been a crime, but decades later, it may be normal.

"Now, or at present, the law on which we are based, was promulgated in '99. The standard for filing a case is: 5,000 yuan.

"Ninety-nine years have passed, more than ten years have passed. Although the law has not changed, in the actual judicial process, the scale has been magnified again.

"How much it has been magnified here, it doesn't matter.

"I wonder if you agree with me?"

——

didn't say a few words, and before the specific content of the confession was involved, the interrogator had to make a statement. This made Hou Lu and the others silent for several seconds.

Lu Yi thought for a while and said, "I agree." With the development of the economy, the sentencing standards have indeed shown a trend of increasing year by year. ”

"I agree." Hou Liangping said.

Hou Liangping is the director, Lu Yi is only the director, and it is usually Hou Liangping who speaks first.

But this time is different, because of the coal mine shareholder, Hou Liangping accepted Yang Dan's kindness. Therefore, it is not so convenient for Hou Liangping to speak, he always has to think twice and confirm that he has shaved off his personal emotions of gratitude, and then he will speak.

——

Yang Dan continued:

Since I agree, I'll move on.

"What I want to say next is that the sentencing scale or case filing standard for the crime of accepting bribes also depends on the subject and object of the crime.

"Let's talk about the subject first, that is, who takes bribes.

"There is no doubt that the most serious ones are those who enforce the law on the anti-corruption front like you. The second most serious problem is the law enforcers on other fronts. Third, it is a leading cadre of the party and government and a state official. After that, there are also staff involved in public affairs; For example, the staff of the Red Cross, and so on.

"And me?

"I think it's possible for you to include me as a 'staff member of a state-owned financial institution.'" If yes, then it's wrong.

"Today, China's financial system has undergone many reforms. Only the People's Bank of China, which exercises the functions of a central bank, is a real state-owned financial institution. The following professional banks such as Industrial and Commercial Bank of China and China Construction Bank have long been corporated.

"The city bank where I work is a complex joint-stock banking enterprise with a strong local character.

"If you still think of city banks as 'state-owned financial institutions,' then you are judging that the shareholders of the banks are the state. How many are there in our country? Of course there is only one. There are more than a dozen shareholders of City Bank. Among them, the largest shareholder is the Jingzhou Municipal Finance Bureau, whose shares account for 17.7 percent (the Finance Bureau is a legal person, and the legal person is a legal personification, so all legal entities use the word 'he'). Do you think that the Jingzhou Municipal Finance Bureau is equal to the state?

"Of course, it can't be equated. After 30 years of hard work, China has withdrawn the word 'state-owned' from the field of production. Compared to the production field, the financial industry is indeed lagging behind. However, the general trend of reform is inevitable, and we have also implemented the shareholding system and initial corporatization.

"Therefore, I hope that you will follow the historical trend of reform and not regard city banks as state-owned financial institutions.

"If you agree, then I, the subject of the crime of accepting bribes, is also the identity of the leading cadre of the enterprise."

——

"I don't agree with this!" Lu Yi said, "The staff of state-owned financial institutions are equivalent to state officials. You say you're not. I agree with this part. However, although you are not a state civil servant, you cannot be regarded as a leading cadre of an ordinary enterprise.

"Banks, unlike ordinary enterprises, in the eyes of many people, banks represent the country, so banks need great credibility. This is the equivalent of the staff involved in public affairs that you just mentioned. ”

This can be regarded as the first IQ collision with Lu Yike.

In order to avoid the other party's profession, Yang Dan avoided the legal provisions as much as possible. But unfortunately, it was Lu Yi who won.

Of course, what Lu can win is not entirely IQ, but his understanding of the essence of the law.

Despite this, in terms of pure IQ, Lu Ye should not be under Ouyang Jing.

——

Yang Dan was about to die for a while, and before he could organize the language, Hou Liangping spoke: "Also, the leadership position you hold has a connection with Li Dakang. Li Dakang's power comes from the people, so your power also comes from the people to a certain extent. ”

"Director Hou is saying that my position was only obtained by Li Dakang's connection?" Yang Dan asked rhetorically.

"No, Li Dakang has no trust relationship, and he hasn't made any hints, we know that," Hou Liangping said, "I mean, someone will look at Li Dakang's face and give you convenience." You won't deny this, will you? ”

Yang Dan was silent for a moment and said: "I can't deny it, but I still think that the acquisition of the position of vice president mainly depends on my personal ability." ”

"Yes, you mainly rely on your personal ability, but you have a little bit of it, relying on Li Dakang's face," Hou Liangping said, "So, according to what Director Lu said, you can count it as a staff involved in public affairs." Stop insisting on leading cadres of enterprises. ”

Hou Liangping added an irrefutable reason on the basis of Lu Yike, but the final foothold was still the same as Lu Yike, which dispelled Yang Dan's idea of struggling.

Hou Liangping's performance is considered emotional intelligence. This emotional intelligence is also not under the original owner Ouyang Jing.

——

"Okay, I accept," Yang Dan felt the IQ and EQ of Hou Liangping and Lu Yike, and under the pressure, he spoke more cautiously, "Then, I'll talk about the object next."

"The object is, when you accept a bribe, what kind of money is received.

"Let's start with public and private. The criminal law always talks about public and private property. However, according to my personal understanding, under the same circumstances, embezzlement or embezzlement of private property should be more serious than public property. I wonder if that's the case?

Lu Yi said: "It is true, but remember the premise you said: in the same situation. And, emphasizing this, it doesn't seem to have anything to do with your case. ”

The latter sentence "Emphasizing this, it seems to have nothing to do with your case" is equivalent to Lu Yike's emotional intelligence to fight back, which made Yang Dan very uncomfortable. Yang Dan took a deep breath and said, "Okay, I'll go on."

"There are many kinds of public goods. The misappropriation or misappropriation of different public property is also of a different nature.

"The most serious thing should be the military property in times of national crisis. In times of peace, perhaps the most serious of all is public goods such as earthquake relief. Secondly, it may be strategic materials, important scientific research materials, and ...... related to the national economy and people's livelihood."

"You can pause," Lu Yi asked, "You want to say that what you have embezzled or embezzled is ordinary corporate property, and the nature is not very bad, right?" ”

"Yes."

"We also agree on this part, you can skip it." Lu can also say.

——

was hit by Lu Yike's IQ again, making Yang Dan silent for several seconds.

Obviously, after Ouyang Jing possessed or possessed Ouyang Jing, Yang Dan's IQ and EQ were not higher than those of Hou Liangping and Lu Ye.

It seems that it is not how high Ouyang Jing's IQ and EQ are, but Yang Dan himself, the original IQ and EQ are too low.

Realizing this made Yang Dan a little frustrated.

Taking a deep breath, Yang Dan said: "The sentencing scale has increased, plus the subject and object, it stands to reason that I should confess directly." "However, it occurred to me that maybe I should talk about grey income.

"As for gray income, I'll give you a direct example.

"We all know that the business license of industrial and commercial enterprises must be inspected annually every year. How much does the annual inspection cost? Fifty pieces.

"Fifty yuan, although it is indeed a lot higher than the real cost, it is really not much. So that's not even gray income.

"The grey income from the annual inspection is the membership fee of the enterprise association. According to the amount of registered capital, the less to pay 1,000 5, the more 3500. If you don't pay it, you won't be given an annual inspection. So that business association was born for gray income.

"There is also a rebate between industrial and commercial enterprises. When it was originally state-run, the rebate was taken away by the handling personnel, which can be regarded as embezzlement of public and private property. Now, they are all privately owned, and the rebate policy is transparent, so there is no problem of embezzlement of public and private property.

"On our bank's side, when we lend to enterprises, in addition to the normal interest, the enterprises also give the bank a certain amount of rebates. In fact, it is a combination of the above two phenomena. Its original nature is also gray income. ”

——

Speaking of this, Yang Dan glanced in the direction of Lin Huahua: "Pay attention to the record, the following is my specific crime."

"As I just said, the rebates given by enterprises to banks are public-to-public. If it is not assigned to an individual, it is very difficult to take bribes. But in fact, part of it is allocated.

"So, how much was allocated? The point is, how much did you get with me?

"I heard that Cai Chenggong reported that he had bribed me four times, four cards, all of which were 500,000 yuan.

"I think you should have had two questions about such a report. Why four times? Cai Chenggong, who can take out hundreds of millions of funds to open a coal mine, can't he take out two million at one time? Also, even if it is divided into four times, why is the amount of money the same in all four times? Aren't people's desires getting bigger and bigger?

"Now I will answer you, in four times, or in several times, because the bank has a rule that the same enterprise can only receive one rebate within a year. The reason why the amount is the same is because the bank has set a cap on corporate rebates.

"Let's take Cai Chenggong's report as an example. Let's start with the last question: the cap rule.

"Corporate rebates are up to 500,000. After the bank got the 500,000 yuan, it made a second distribution. It is mainly to reward the handling personnel, department leaders, and leaders in charge, and the remaining part is retained in the small treasury for public use. I was in charge of the role of leader, and the amount I received was 25,000 yuan.

"Lin Huahua, you should make a special note that there are accounts for the secondary distribution. Remind me to hand in the accounts when I come down. ”