Chapter 193 Technical Corruption*
These young officials in their forties have a bright future. However, when facing the choice of life, they chose the wrong direction.
The criminal facts of these people can be divided into two periods: the transition period before the WTO and the early stages of the establishment of the Ministry of Commerce.
From 1998 to 2002, just before and after China joined the WTO, the government began to clean up foreign economic and trade laws, administrative regulations, departmental regulations and normative documents on a large scale. When enterprises asked them about relevant legal issues, the two sides formed an interest relationship. With their joining, many projects that require rush time can help enterprises speed up the approval progress, seize the opportunity, and make arrangements in advance.
For example, in 1998, the Economic and Trade Commission issued the Interim Provisions on the Restructuring of State-owned Enterprises using Foreign Investment for Asset Restructuring. The purpose is to safeguard the rights and interests of state-owned assets and promote the reform of state-owned enterprises. However, the provision is too simple and does not have clear implementation rules.
At this time, the first wave of foreign investment mergers and acquisitions of state-owned enterprises in mainland China. In the eyes of some people, the withdrawal of state-owned stocks and the entry of foreign capital seems to have become a fixed pattern of state-owned enterprise reform and have been followed by others. However, this sign is also quite controversial. The Ministry of Foreign Trade and Economics is becoming more and more cautious in its approval process. Approvers have a greater space for discretion due to incomplete laws and regulations.
In this way, they finally formed a rare approval corruption assembly line around joint venture listing, foreign investment approval, corporate mergers and acquisitions, and counterattacks, etc., using legislative leasing, approval lobbying, consulting agents, etc. Their methods of setting up rents and seeking rents are clever. In addition to selling public rights for profit, they also use the free ruling in the vague legal areas to the extreme.
It can be said that this is a small group of corrupt officials who are engaging in technology, and it is also an unprecedented new anti-corruption discovery.
From 2003 to before the incident, after the unified domestic and foreign trade management, foreign investors invested in China and domestic capital went abroad to list. Bribers such as Hutchison Whampoa, Cheung Kong Investment, and Huang Guangyu's operation of Gome Electrical Appliances listed in Hong Kong.
Corresponding to these seven years, the amount of foreign investment in China showed two waves, of which the downward trend from 1998 to 2000; while there was a high growth from 2001 to 2003. The fluctuations of foreign investment in China were the time of relevant policies. Any of these cases showed a foreign investment approval and rent-seeking chain with mutual intersecting and shared interests; and the complete version of the series of cases of these seven people showed the systematic institutional corruption from "chain" to "net".
A community of interests born on power, from regulators to rent-seekers to turn around.
Among the foreign capitals that attacked Jiang's Group this time, there are many familiar names, such as Hutchison Whampoa, Temasek Consortium, Cheung Kong Industrial, and some American consortiums, which is very surprising. I suddenly discovered that so many foreign capitals have begun to think about the domestic state-owned enterprise cake.
After the 10th and 6th National Congress of the Communist Party of China, the reform of the state-owned assets management system began to start. The problems of dissynchronization and non-compliant have been solved in the system. In the next step, the reform of the state-owned assets management system and the reform of state-owned enterprises must generally achieve two goals: starting from 2004, it takes three years to establish a new basic framework for the state-owned assets supervision system; by 2010, strategic adjustments and reorganizations will be basically completed, a relatively reasonable state-owned economy layout and structure will be formed, and a relatively complete modern enterprise system will be established, with significantly improved economic benefits, scientific and technological development capabilities, market competitiveness and risk resistance will be significantly enhanced, so that the state-owned economy can better play a leading role in the national economy.
But now it is still in the three-year reform period, and the possibility of large-scale sale to foreign companies is very small, because overall results need to be achieved rather than just sold. However, after these three years, those state-owned enterprises that are ineffective in saving will be abandoned. At that time, a bankrupt Haimen Pharmaceutical Group will obviously be more likely to be acquired by foreign capital, and the foreign capital will pay even more. This is the reason why they colluded with these powerful ministries and commissions to obstruct Jiang's Group's acquisition of Haimen Pharmaceutical Group.
"Everyone hopes that their approval is the last hurdle, otherwise the projects they approved may be rejected, and the rent-seeking value will decline in vain." The director said to Mok. "Departments usually compete for power, but the long-term interaction between us has made us tied up into a rare community of interests within the system. Unfortunately, in the end, how can we have eggs? Once one of them falls, the entire circle will be subverted, and all circles will be wreaths in the end."
In fact, this closed and self-sufficiency alliance took the director of the National Development and Reform Commission as the turning point in March 2005, and exposed each other and collapsed instantly. It can be called the "worst alliance".
...
The Standing Committee members who received the detailed report looked at each other for a while and felt speechless. The directors of the department, as the backbone, collectively experienced corruption. This blow is indeed great enough, especially in the formulation of business, economic and trade policies. There are indeed not many people who can play with it. How many loopholes are there in the policies and regulations mainly formulated by them? It is still difficult to say now.
And how much damage these loopholes may cause to the country is still unknown.
"What do you say about Haimen Pharmaceutical Group?" Premier Wen asked.
Commander No. 1 also rubbed his forehead with a headache, and then said, "The person who tied the bell must be untied. I think it's better to invite Xiaojiang to solve this problem in person."
After hearing this, everyone nodded and said yes.
If you want to completely solve the problem of Haimen Pharmaceutical Group, you have to call Jiang Feng over. After all, the acquisition conditions he gave are relatively generous. If you abandon the Jiang Group and change to another company, you may not have such good conditions. Without such good conditions, the workers will still curse.
Moreover, Haimen Pharmaceutical Group is a large state-owned enterprise with a total assets of tens of billions of yuan. Now it has the ability to solve the problem of Haimen Pharmaceutical Group, and there are not many companies in China that can do it.
Soon, Jiang Feng was invited over.
At this time, Jiang Feng had already guessed what would happen, but he came prepared. After coming in and greeting everyone, Jiang Feng distributed a very detailed information to everyone.
After watching it, everyone looked surprised and suspicious, their eyes were filled with worry and doubt, and some shock.
"How did you get these things?" Premier Wen asked Jiang Feng with the information in his hand.
These information involves detailed information about the officials involved in the case who were blocked from Jiang's acquisition of Haimen Pharmaceutical Group, including those who have been bribed by foreign companies recently, which is much more detailed than what they confessed.
Jiang Feng replied: "Oh, there is nothing in fact. I am very puzzled by the fact that this acquisition was called to stop. Apart from the Jiang Group, I am afraid that I will never find any more preferential conditions than what I gave. Why did the ministries and commissions all reject it? Therefore, I hired an independent intelligence investigation agency to find out the matter, and I have indeed gained some results."
Jiang Feng was telling the truth. At the beginning, after the central ministries and commissions first issued opposition, he realized that there might be other mystery in it, so he decisively asked the "Dragon Ya" organization to send elite personnel to conduct an in-depth investigation. Then, one by one, one evidence appeared in front of Jiang Feng.
After linking these evidences together, Jiang Feng couldn't help but remember the so-called "Newcomer Alliance" case that broke out in August 2008.
The so-called "splitting the cocoon" is that with Jiang Feng's tips, it is more convenient to investigate the matter. The truth of the matter is soon placed in front of Jiang Feng, which is the information that Jiang Feng gave to the Standing Committee members at this time.
This includes not only the acquisition of Haimen Pharmaceutical Group, but also a series of other cases involved in this alliance.
"If these situations are true..." A member of the Standing Committee said halfway and did not continue. The meaning of his words was very clear. If the information was true, then the fate of these department-level cadres could be predicted, and it would not be possible to let them go lightly.
"What a pity, these are all talents!" Chief No. 1 shook his head and said.
Jiang Feng shrugged his shoulders and replied: "It is obvious that the more professional a person is, the greater the harm it will bring once he falls. Fortunately, this matter was discovered earlier. If he allowed to continue to develop, he can imagine ten years... no, what will happen in five years? So this time, it should be said that a bad thing turns into a good thing, which sounds a wake-up call for you! It also allows us to avoid a huge risk that may be caused by technocratic corruption!"
Jiang Feng’s words are not alarmist, because they are facts that have actually happened, and these facts are not far away now, and the farthest one is only in 2008 three years later.
Just next year, the "foreign investment threat theory" is prevalent. A debate about foreign investment mergers and acquisitions threaten industrial security and national security has emerged with the brewing of "Document No. 10" and "Anti-monopoly Law".
"Document No. 10" is the "Regulations on Mergers and Acquisitions of Domestic Enterprises by the Ministry of Commerce, the State Administration for Taxation, the State Administration for Taxation, the State Administration for Industry and Commerce, the China Securities Regulatory Commission, and the Bureau of Foreign Exchange on September 8, 2006. It stipulates foreign investment mergers and acquisitions in two aspects: First, the conditions that foreign investment mergers and acquisitions need to be met are more stringent, such as adding the concept of related mergers and acquisitions and anti-monopoly review requirements; second, specific provisions are made on the way of completing foreign investment mergers and acquisitions, especially technical means such as cross-border share swaps using equity as the acquisition consideration and SPV (special purpose companies).
The second aspect was originally intended to open up the "front door" of foreign investment mergers and acquisitions and block the "side door and left-wing road". However, in terms of specific implementation effects, the front door was closed and shortcuts diverged, and ultimately had a devastating impact on the model of listing in the form of red chips.
In addition, the 2007 Anti-Monopoly Law was promulgated and implemented, and there were many human intervention links in the field that foreign capital could enter. There was a lack of operational understanding of concepts such as "protecting ethnic industries" and "anti-monopoly" and lack of clear and transparent approval procedures. The space for these people to do it has been further expanded, which has triggered a series of major cases, and the funds involved are even more shocking.
After hearing this, the No. 1 leader nodded and said, "Xiao Jiang said it very well. I had a little regret before. Now it seems that this unhealthy trend must be stopped severely. If this continues, the country will not be a country!"
Seeing that the number one leader had already set the tone, everyone else nodded in agreement. The fate of this group of people was decided. (To be continued. Please search for Piaotianwen, the novel is better, updated and faster!)
Chapter completed!