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Chapter 12 Gather money without reason and end up dead

Major Case Tracking 吴元浩 6775Words 2018-03-14
On May 29, 2007, Zheng Xiaoyu, the former director of the State Food and Drug Administration, was sentenced in the Beijing No. 1 Intermediate People's Court for accepting bribes and dereliction of duty.In the end, Zheng Xiaoyu was sentenced to death.The court found that Zheng Xiaoyu took advantage of his position to accept bribes equivalent to RMB 6.49 million in total. On June 7, Zheng Xiaoyu formally filed an appeal request, and the case entered the second-instance procedure.It is reported that Zheng Xiaoyu stated in the appeal letter that after the incident, he had "voluntary confession" and "a good attitude to admit guilt" and other statutory circumstances that could lead to a lighter sentence, while the death penalty (immediate execution) judgment made by the first instance was "excessively severe." , I hope that the court of second instance will consider these circumstances and revise the judgment of the first instance as appropriate.

Indeed, compared with the amount of bribes received by high-ranking officials such as Cong Fukui, Han Guizhi, Liu Fangren, and Li Jiating, who were sentenced to death with reprieve and life imprisonment, Zheng Xiaoyu, who received more than 6 million yuan in bribes, was sentenced to death at first instance, which seems to be a bit heavy.However, if we look back at the social harm of the Zheng Xiaoyu case, it is not difficult to understand. On January 24, 2007, Premier Wen Jiabao of the State Council presided over an executive meeting of the State Council to listen to the report of the Ministry of Supervision on the investigation of Zheng Xiaoyu, the former director of the State Food and Drug Administration, on serious violations of discipline and law. Deployments have been made for drug supervision and the construction of a clean and honest government.The meeting held that the case of Zheng Xiaoyu and others was a typical case of serious dereliction of duty and abuse of power for personal gain.Zheng Xiaoyu committed serious dereliction of duty and dereliction of duty in the work of drug supervision. He used the power of approval to accept bribes from others, and protected and condoned relatives and staff around him to violate regulations and laws. The nature is very bad.The case caused great harm, threatened the health of the people, and seriously damaged the image of the party and the government.The meeting requested that Zheng Xiaoyu's violations of discipline and law should be thoroughly investigated and dealt with seriously according to law.The meeting presided over by Premier Wen can be said to be a footnote in advance of the heavy sentence in the Zheng Xiaoyu case.

Turning over the thick files of the Zheng case, we can see more clearly how the family of three used their power to seek benefits. Their methods of raising money were refurbished and tricky, but they couldn't do without the word "money". Zheng Xiaoyu was born in Fuzhou in December 1944 and graduated from the Biology Department of Fudan University in 1968.Zheng Xiaoyu, who has 23 years of experience in the pharmaceutical industry in Hangzhou, once had an excellent reputation.Not only has he won titles such as "National Model Worker" and the first "National Excellent Entrepreneur in the Pharmaceutical Industry", but he also likes calligraphy and music and is considered a high-quality leading cadre. In 1994, Zheng Xiaoyu, then chairman of the Zhejiang Provincial Federation of Trade Unions, was recommended by others, and was unexpectedly appointed as the director of the State Administration of Medicine and Secretary of the Party Group (deputy ministerial level); in 1998, he became the first director of the State Administration of Medicine ( ministerial level). In June 2005, Zheng Xiaoyu, who had reached the age of 60, was dismissed from the positions of director and party secretary of the State Food and Drug Administration, and served as the chairman of the Chinese Pharmaceutical Association under the China Association for Science and Technology. On December 28, 2006, Zheng Xiaoyu, who had been out of office for one year and six months, was "double regulated" by the Central Commission for Discipline Inspection for allegedly accepting bribes.With the efforts of the case investigators headed by the Fourth Disciplinary Inspection and Supervision Office of the Central Commission for Discipline Inspection, the veil of Zheng Xiaoyu's new money-making methods of approving drugs and collecting money from his wife and children was lifted one by one.

Although Zheng Xiaoyu is from Fuzhou, he has been operating in Zhejiang for a long time, and has a closer relationship with Zhejiang's political and business circles than any other place.When he was appointed as the director of the State Pharmaceutical Administration and the Food and Drug Administration, the pharmaceutical companies in Zhejiang had the right time and place to easily build a relationship with Director Zheng, which enabled the company to develop "extraordinarily".Among these entrepreneurs, Li Xianyu, the person in charge of Zhejiang Shuangge Group, can be said to be one step ahead, and the relationship with Director Zheng has developed extraordinary.Under Zheng's care, from October 1999 to August 2003, a subsidiary company of Shuangge Group Co., Ltd. applied for the medical device registration certificate for its declared disposable sterile syringe and disposable infusion set, which were successfully approved; The production or registration of a total of 24 drugs such as "Mannitol Injection" declared by its subsidiaries has been signed and approved.

The key to the relationship between Li Xianyu and Zheng Xiaoyu lies in following the "madam route".Through Zheng's wife Liu Naixue, let her "breathe the pillow" so that various approvals can be processed smoothly.At that time, the atmosphere of the party and government agencies was not bad, and Li Xianyu didn't want to directly use money to drag people into trouble.Especially when Zheng Xiaoyu first went to Beijing, she still paid more attention to her honest image.Li Xianyu discussed with Liu Naixue for a while, and decided to invite Liu Naixue to be the company's consultant, and then give a certain "consultant fee".This method of paying labor remuneration after having labor has won the affirmation of both parties.Although it seems a bit deceitful now, everyone thought it was very appropriate and a good way at the time.When Zheng Xiaoyu knew that his wife had such an "economic relationship" with Li Xianyu, his enthusiasm for granting licenses naturally increased.Over the past few years, Liu Naixue received a total of 103,600 yuan in so-called "consulting fees" from Shuangge Company.

Of course, the "consultation fee" of more than 100,000 yuan alone cannot win the dignified ministerial-level officials and their wives.Li Xianyu, the person in charge of Shuangge Group, knows that public relations is like boiling traditional Chinese medicine. You have to use a slow fire and take your time. The "consultant fee" is issued little by little, and other benefits must be followed up again and again. After many discussions, Li Xianyu and Liu Naixue felt that they should find a way for Liu An to take the money without any accidents.Coincidentally, at that time, there was a climax of investment and shareholding in various places.Especially the party and government organizations in Zhejiang are quite fashionable to invest in enterprises. In 1997, Li Xianyu thought that Fengfeng Plastic Products Factory of Shuangge Group would build a new needle workshop, so she immediately threw out hydrangea and invited Liu Naixue to invest in it.

It is of course inappropriate to ask Liu Naixue to pay for a stake in a company in Zhejiang and take investment risks.However, Li Xianyu has a lot of ways, he told Liu Naixue, in fact, this shareholding is in name, and there is no need to pay at all.But for the outside world, or from a legal point of view, it still pays.The specific method is that Li Xianyu first lent 52,000 yuan to Liu Naixue, and Liu issued an IOU; then he used the money to invest in shares, and after the dividends were distributed, he took out the money from the dividends to repay the loan.Although the first dividend was used for repayment, the subsequent dividends will be taken for nothing.

Liu Naixue thinks this method is very good, and it is done beautifully.Following Li Xianyu's instructions, she issued an IOU, and in September 1999, she actually paid off the debt.However, this time, Liu Naixue handled the procedures for buying shares, but the name of the investor was his son Zheng Hairong.For several years, Liu Naixue had received 228,000 yuan in dividends from Li Xianyu before the incident. After receiving the "consultant fee" and "dividend", the relationship between Liu Naixue and Li Xianyu became stronger and stronger.Coupled with the fact that Zheng Xiaoyu has more and more approval documents for Li Xianyu's company, the trust between the two parties is increasing day by day.

After the time came to the 21st century, the social atmosphere has also changed, and leading cadres and their families have gradually become more courageous in accepting money and goods.If this "small fight" continues, it will be impossible for the Zheng family to get rich quickly. "Small wealth and peace" is by no means the ideal of their family of three.Besides, since 2002, his son Zheng Hairong has returned from studying in Japan, and it is time to take good care of his son's family business.Next, the son's marriage, car use, housing, etc., are all big problems.

After Li Xianyu learned of the worries of the Zheng family, she immediately donated money to help.Yes, as long as you want it, why don't I give it away? In 2002, Li Xianyu sent an Audi car (valued at RMB 185,000) to Shanghai and handed it over to Zheng Hairong; in April 2002, he sent another RMB 170,000 to Zheng Hairong in Shanghai for the purchase of The down payment of a house on Kaixuan North Road; from January 2005 to May 2006, another RMB 250,000 was given in the name of equity interests, and at the same time, it also helped deliver the down payment for the purchase of Room 507, No. 438, Shuangge Building, Pudian Road, Shanghai RMB 1.9925 million.

In this way, Zhejiang Shuangge alone sent property and property totaling RMB 2,929,100 to Zheng Hairong and Liu Naixue through various names. The way that Shuangge Company gave Zheng Xiaoyu's son the money to buy a house whetted the appetite and greatly stimulated the Zheng family's interest in getting rich. After Shuangge Company, the directors of Beijing Siglida Institute of Natural Medicine and Beijing Qiyuan Yide Pharmaceutical Institute also followed suit to show their "filial piety".The approval of the import plan of "Mrs. Pei Cough Lotion" represented by Beijing Siglida Institute of Natural Medicine was approved by Zheng Xiaoyu, and the registration of "Qingkailing for Injection" declared by Beijing Qiyuan Yide Drug Research Institute was also approved by Zheng. Sign and approve.To express his gratitude, in June 2003, the person in charge of the research institute gave Liu Naixue RMB 405,000 to pay the down payment for a villa in a community in Haidian District, Beijing purchased in the name of Zheng Hairong; from August 2003 to 2005 In April 2005, the person in charge of the institute gave Liu another RMB 252,000 to pay the bank mortgage loan for the villa; from April 2005 to January 2006, he gave Liu Naixue another RMB 287,046 to pay The decoration fee of the villa; in August 2005, another RMB 100,000 was given to Liu Naixue for the purchase of furniture for the villa. In the name of buying a house, decorating, and buying furniture, the institute successively gave Liu Naixue a total of 1,044,046 yuan in RMB. Like Li Xianyu, the owner of Zhejiang Shuangge Company, Zheng Jun, the female owner of a pharmaceutical company in Guangdong, is also very proficient in public relations and knows how to buy people's hearts. From the end of 1999 to October 2003, this pharmaceutical company and its subsidiaries were handling matters such as importing the raw material "Naloxone Hydrochloride", applying to become a pilot enterprise for inter-provincial lock-up of drug retailing, and handling the "Drug Business License" and other matters. In the process, Zheng Xiaoyu, who is the director of the State Food and Drug Administration, helped.For this reason, from June 2000 to December 2006, the company gave his son Zheng Hairong several times a total of RMB 980,000. So, how did this company persuade Zheng's family to let his son boldly accept the money? Shrimp has its way, and turtle has its way.This company in Guangdong has its own new way of paying bribes. This new way is to find a job and pay wages for Zheng Hairong.Of course, work is a nominal job, and wages are also nominal wages. The key is to deceive people. In 2002, after Zheng Hairong returned from studying in Japan, he began to work in Beijing Zhuangwang Company for a period of time, but because the leaders of this company were not united with each other, Zheng Hairong thought that there was no future for development, so he left the company .Afterwards, I never found a suitable job. At this time, Zheng Jun, the female boss of a certain pharmaceutical company in Guangdong, found him, ate and drank with him all day long, and finally persuaded him to work in her company.The so-called "work" is to speak good words to his father Zheng Xiaoyu and ask him to help handle the company's approval business, and then the company will pay Zheng Hairong a certain amount of remuneration. So, in front of his parents, Zheng Hairong called Zheng Jun, the female boss, very warmly, and Zheng Xiaoyu felt that Zheng Jun was a person worthy of help.In front of Zheng Xiaoyu and his wife, Zheng Jun, the "auntie", showed that she liked Zheng Hairong, a "returnee" young man very much.In this way, Zheng Xiaoyu agreed with his son Zheng Hairong to help Zheng Jun and his company "work" and "run around with Zheng Jun".He confessed: "After Zheng Jun met Hai Rong, he liked this child very much, and Hai Rong also liked Zheng Jun's aunt. They kept in touch with each other often, and I was quite relieved about it. Later, Zheng Jun wanted Hai Rong to work for her. Hai Rong wanted to go too. I was worried that this kid would not be able to do it, but Hai Rong insisted on going this way, so I did not object. In this way, he often followed Zheng Jun for a while, and I heard that Zheng Jun returned to him pay wages." Zheng Hairong explained afterwards: "One time, Zheng Jun told me that I had just returned to China and had not found a job. It was difficult financially, and it was not easy to develop. She could help me financially. She also said that I was working in her unit. Give me a salary of 10,000 yuan per month." In fact, Zheng Hairong never worked a day at this company. From June 2000 to December 2006, Zheng Hairong received RMB 10,000 per month from Zheng Jun in the name of salary, totaling RMB 730,000; in the first half of 2005, Zheng Hairong received another RMB 250,000 from Zheng Jun.The total of the two items is 980,000 yuan. Not every boss of a pharmaceutical company knows how to use other names to send money to the family members of leading cadres like Li Xianyu and Zheng Jun.There are also some old-fashioned ways of giving money, that is, giving gifts during New Years and holidays.There are valuable gifts and a certain amount of gift money in this ceremony. Hainan Puli Pharmaceutical Co., Ltd. once applied for the registration approval of "tramadol hydrochloride for injection" and "acetylglutamine for injection" and received the help of Zheng Xiaoyu. The company declared "nimodipine for injection" and other 6 The registration of the drug was also signed and approved by Zheng.In order to thank Zheng for his help, the person in charge of the company gave Zheng Xiaoyu RMB 115,000. If the money is added together, it is quite considerable, and Zheng Xiaoyu may not accept it.However, if 51 million were given in the name of gift money, the effect would be different.Although it is more troublesome to do so, there is a tacit understanding between the gift giver and the recipient.Please look at this troublesome time and time again: one is to accept RMB 5,000 from the person in charge of the company before the Spring Festival in 2001; Before the Spring Festival in 2002, he received RMB 10,000 from the person in charge of the company; the fourth was to accept RMB 10,000 from the person in charge of the company before the Mid-Autumn Festival in 2002; Sixth, receiving RMB 10,000 from the person in charge of the company before the Mid-Autumn Festival in 2003; Seventh, receiving RMB 10,000 from the person in charge of the company before the Spring Festival in 2004; Eighth, the Mid-Autumn Festival in 2004 Before the festival, I received RMB 10,000 from the person in charge of the company; Ninth, I received RMB 20,000 from the person in charge of the company before the Spring Festival in 2005; ten thousand yuan. For the 115,000 yuan, the person in charge of the company has to go to Beijing every year and deliver it ten times at the Guangzhou Building in Beijing.It can also be seen from the amount of money sent, initially 5,000, later developed to 10,000, and then developed to 20,000 in the last two times.It seems that the social economy is developing, and people's courage is gradually growing. Like Hainan Puli Pharmaceutical Co., Ltd., there is also the person in charge of Zhonghua Maoxiang Group Co., Ltd. who advocates sending money in installments and eating less and more meals.The registration approval of "recombinant human interferon α 2a gel" declared by a subsidiary company of China Maoxiang Group Co., Ltd. was assisted by Zheng, and the registration approval of "matrine for injection" and "split influenza vaccine" The registration has also been approved by Zheng Zheng.For this reason, between July and August 2003 and March 2005, the person in charge of the company gave Zheng RMB 120,000 yuan in total at the New Metropolitan Hotel in Beijing three times.These three times are: first, in July and August 2003, he received RMB 20,000 from the person in charge of the company; second, in October 2004, he accepted RMB 50,000 from the person in charge of the company; In March, he received RMB 50,000 from the person in charge of the company. However, because the gift money Zheng Xiaoyu received was relatively large, and it was closely related to making use of his power to make profits for others, the gift money was finally confirmed by the court as bribery, which may not have been expected by him at the beginning. Zheng Xiaoyu not only accepts a large amount of gift money himself, but also accepts huge bribes through his wife and children. In addition, through his power, he accepts entrustments from others and accepts "favor fees" through litigation. From March to November 2004, Zheng Xiaoyu took advantage of his position as director of the State Food and Drug Administration to accept the request of the head of the Beijing Guangming Institute of Traditional Chinese Medicine during the administrative litigation process that Shandong Changqing Pharmaceutical Factory sued the State Food and Drug Administration. Helped the Institute and Shantou Meibao Pharmaceutical Co., Ltd., listed as the third party in the lawsuit, to finally obtain the production approval number of "Moist Burn Ointment" through litigation, and accepted USD 20,000 in return from the Institute. The background of the lawsuit between Shandong Changqing Pharmaceutical Factory and the State Food and Drug Administration is complicated: in February 1988, Beijing Guangming Institute of Burns, Wounds and Ulcers of Traditional Chinese Medicine signed an agreement with China International Engineering and Materials Corporation and Housan Village Village Committee of Chengguan Town, Changqing County, Shandong Province. Joint venture agreement, established Changqing Pharmaceutical Factory to produce moist burn ointment. In 1990, the three parties involved in the joint operation brought a lawsuit to the court due to a dispute. After the final trial by the Beijing Higher People's Court in 1994, Changqing Pharmaceutical Factory was cancelled. However, a year later, the village committee of Housan Village, Chengguan Town, Changqing County, Shandong Province re-registered and established Shandong Changqing Pharmaceutical Factory with the same name after the disintegration of the tripartite joint venture, and continued to produce moist burn ointment.In February 2000, the State Food and Drug Administration approved the Beijing Guangming Institute of Traditional Chinese Medicine Burns, Wounds and Ulcers to transfer the technology of producing moist burn ointment to its subsidiary Shantou Meibao Pharmaceutical Factory to produce the drug. However, in the subsequent production process, Shandong Changqing Pharmaceutical Factory filed an administrative lawsuit again, suing the State Food and Drug Administration for illegal administrative actions, and asked the State Food and Drug Administration to revoke the relevant processing and approval related to the illegal production of Shandong Changqing Pharmaceutical Factory. Afterwards, the lawsuit ended with Shandong Changqing Pharmaceutical Factory losing the lawsuit. In 2001 and 2002, some deputies to the National People's Congress of Shandong Province submitted motions to the National People's Congress twice, arguing that the court's judgment was wrong and that Shandong Changqing Pharmaceutical Factory's rights to produce moist burn ointment should be protected according to law.For this reason, the Supreme People's Court issued a ruling that the Beijing Higher People's Court retry the administrative lawsuit of Shandong Changqing Pharmaceutical Factory. Afterwards, the Beijing Higher People's Court listed Beijing Guangming Institute of Burns, Wounds and Ulcers of Traditional Chinese Medicine and Shantou Meibao Pharmaceutical Factory as the third people. For this reason, Xu Rongxiang, head of the Beijing Guangming Institute of Burns, Wounds and Ulcers of Traditional Chinese Medicine, was very anxious. He recalled afterwards: "At that time, more than 40 deputies to the National People's Congress in Shandong Province jointly proposed a motion to the National People's Congress. The State Food and Drug Administration was under great pressure. The Supreme People's It is very likely that the court will remand the case for retrial and change the verdict. If Zheng Xiaoyu does not support it and the State Food and Drug Administration does not actively provide evidence in the lawsuit, the administrative lawsuit will be lost, and our company will lose the production right of moist burn ointment. .” Zheng Xiaoyu didn't want to intervene in this matter at first.After the Supreme Court remanded for a retrial, Zheng told Xu Rongxiang through Gao Jinbo's lawyer, "We can only rely on the court's judgment." Later, Xu Rongxiang wrote a document requesting to see Zheng.Zheng Xiaoyu recalled: "The purpose of seeing me was to hope that I would support him to win this lawsuit." In this way, the two parties finally met, and Xu sent Zheng Xiaoyu $20,000 in order to win the lawsuit. With the help of Zheng Xiaoyu, the case was finalized by the Beijing No. 1 Intermediate People's Court and the Beijing Higher People's Court in 2004, and the "Approval Document No. 88 Weiyao Z? The Changqing Pharmaceutical Factory of the same name on the Internet has no legal relationship", and dealt with the "illegal acts of Shandong Changqing Pharmaceutical Factory counterfeiting the name of others and manufacturing and selling counterfeit drugs". ... In addition to the above-mentioned sums, Zheng Xiaoyu also received 1 million Hong Kong dollars (equivalent to RMB 1,055,300) from the person in charge of Zhejiang Kangyu Pharmaceutical Co., Ltd. in Hong Kong through Zheng Hairong in April 2001; $10,000 (equivalent to RMB 82,770) given by the person in charge of the company. According to the trial by the court, from June 1997 to December 2006, during his tenure, Zheng Xiaoyu took advantage of his position to seek approval for drugs and medical devices for eight units including Shuangge Group Co., Ltd. and Zhejiang Kangyu Pharmaceutical Co., Ltd. interests, directly or through his son Zheng Hairong and his wife Liu Naixue illegally received property from the persons in charge of the above-mentioned units as well as RMB 5,003,146, HK$1 million (equivalent to RMB 1,055,300), US$30,000 (equivalent to RMB 248,312) and Audi A brand car (valued at RMB 185,000), totaling RMB 6,491,758. At the same time, Zheng Xiaoyu was also guilty of dereliction of duty.First, Zheng Xiaoyu should have foreseen but failed to foresee the importance of the special work of uniformly reissuing drug approval numbers and the serious consequences that may be caused if it is not handled properly. He violated the reporting system for major matters and the democratic decision-making process, and hastily decided and started the special work.The second is that Zheng Xiaoyu did not perform his duties conscientiously, neglected his duties, ineffective leadership, and lax examination and control of the special work of uniformly reissuing drug approval numbers.Zheng Xiaoyu did not take the special work as an important task of the State Drug Administration to organize, lead and implement it. He only arranged for a deputy director of the Drug Registration Department to serve as the leader of the special work leading group. Most of the members were temporarily transferred and changed frequently.The third is that Zheng Xiaoyu did not perform his duties correctly and hastily agreed to reissue the drug approval number for the drug that violated the approval. (Text/High-tech) Due to Zheng Xiaoyu's dereliction of duty, the interests of the country and the people have suffered heavy losses.The first is to lead to out-of-control drug supervision; the second is to increase the risk of drug use for the people; the third is to seriously damage the credibility of state agencies and cause bad social impact.
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