Chapter 8 Chapter 7 The Lord of the Land Caused a "Great Earthquake" in Qingdao Officialdom

As a key figure in the "Illegal Land Lease Case in Laoshan District, Qingdao", the director of the Land and Resources Bureau of Laoshan District, Qingdao is an inconspicuous official, but it was this little "land lord" Yu Zhijun who first brought Qingdao down after he was sacked. Wang Yan, assistant to the mayor of the city, later brought out Du Shicheng, deputy secretary of the Shandong Provincial Party Committee and secretary of the Qingdao Municipal Party Committee. Yu Zhijun triggered the "Great Earthquake" in Qingdao's official circles because of the "Illegal Land Lease Case in Laoshan District, Qingdao" that caused a sensation throughout the country.

Not only that, but this little "land master" in Laoshan District also contributed "indispensably" to the soaring housing prices in Qingdao. He not only messed up the land, but also made a big hole in the local tax revenue, and was tried twice for this. On November 24, 2007, Yu Zhijun was once again supervised by the People’s Procuratorate of Shandong Province and prosecuted by the People’s Procuratorate of Licang District, Qingdao City on suspicion of dereliction of duty. The loss of Yu Yuan's tax revenue was due to the crime of dereliction of duty by Yu Zhijun, who was exempted from criminal punishment.Three years ago, Yu Zhijun was sentenced to 15 years in prison for accepting bribes.

The significance of the analysis of Yu Zhijun's bribery and dereliction of duty case is that this "little land lord" who holds real power, in the process of leaders eager to make political achievements, added fuel to the fire and took advantage of the fire, which led to the loss of land control, rising housing prices, and chaos in the real estate market .Yu Zhijun is not only a representative of "small officials who are greedy", but also a representative of the current chaotic lease approval of real estate.Because it involves all aspects of real estate development such as land lease, planning approval, and construction permits, Yu Zhijun's bribery and dereliction of duty case can be regarded as a classic case of corruption in China's real estate market.

Yu Zhijun's bribery and dereliction of duty are inseparable from the current economic background and Qingdao's unique microclimate. Under the background of the economy since the new century, many urban officials' performance projects are urban construction, which has caused frequent occurrence of land violations.Among the currently verified cases of land violations, the problems of illegal land occupation and illegal lease of land by local governments are prominent. Almost all land violations of a serious nature involve local governments or relevant leaders. Corresponding to the continuous emergence of land violation cases is the continuous rise in housing prices across the country in recent years. The root cause of this phenomenon is that the income from selling land has become an important source of income for local governments. The more land sold, the more active the local government is "on hand". , the higher the land and housing prices, the more local government benefits.Therefore, the excessive growth of real estate prices in some cities is not completely caused by market factors, but the result of local governments using various means to raise land prices and house prices.

An important reason for the land violations led by the government is that in the past, my country implemented a tax system of unified revenue and expenditure. Taxes belonged to the central government, and local governments had to ask for money from above, and local governments also relied on the central government for their decisions and actions. .However, after the reform of the tax-sharing system was implemented in the 1990s, local governments became profit-driven in terms of taxation. After land sales, local governments could not only obtain land transfer fees, but also obtain certain taxes from land transactions.

When the government's revenue is mainly supported by land, then selling land becomes a shortcut to increase production and income, and high-rise buildings become a symbol of political achievement projects.So housing prices drive land prices, land prices drive housing prices, and a vicious cycle of land leases begins.This behavior of killing chickens and taking eggs not only damages the interests of the general public, but also puts the entire land development and real estate market in danger of collapse. Since the second half of 2007, the real estate markets in major cities across the country have suffered successive setbacks, and housing prices have been sluggish or even dropped repeatedly, which is the result of this vicious circle.

When it comes to Qingdao specifically, we have to talk about the framework structure of the urban area of ​​Qingdao.Qingdao's first-generation urban framework was set up by Shen Honglie when he was mayor in the 1930s. It centered on Zhongshan Road and was limited to the seaside.The second-generation urban framework is that after Yu Zhengsheng became the mayor in 1989, he moved the municipal party committee and the municipal government to the desolate eastern part, which led to the development of Laoshan District.Yu Zhengsheng's decision to relocate the municipal government has become a classic case of urban development. Many cities across the country have followed the example of Qingdao and moved the municipal government out of the city center. When Yu Zhengsheng left office in 1997, the urban structure of Qingdao extended eastward to Hong Kong Middle Road, which was equivalent to building a new city in 10 years.After that, there were no major changes in Qingdao for several years.

Until October 2000, Du Shicheng took the post of mayor of Qingdao, and this century-old island city began a new round of expansion.Before Yu Zhengsheng went east and stopped at Fushan Bay, Du Shicheng repaired the road all the way to Laoshan, and began to build a 280-kilometer Binhai Avenue.Yu Zhengsheng is mainly developing linearly, while Du Shicheng is focusing on multi-point flowering and character-shaped development. He wants to build a "big Qingdao" including Qingdao, Huangdao, and Hongdao. Many leaders want to make some achievements during their term of office, and urban renovation projects are the fastest way.But where does the money for urban renewal come from?The government has land but no money, and enterprises are willing to invest. Du Shicheng called this kind of government-enterprise cooperation "running the city" to make money from the land. The city is beautiful, and individuals can benefit politically and economically. Double benefit.This is one of the reasons why many cities are keen on urban construction.

Du Shicheng put forward the slogan of "running the city" after he took office. At first, the citizens of Qingdao were puzzled, and some people applauded it. Later, when they realized that "running the city" means selling land, many people turned to curse. After 2000, the price of land in Qingdao became higher and higher, and every time a high price was sold, local newspapers called it a "great achievement" in "running the city". Under the banner of "operating the city", one of the criteria to measure the effectiveness of "operating" is the real estate price in Qingdao.It is reported that since Du Shicheng took office in the urban area of ​​Qingdao, housing prices in the same area have risen by more than 25% every year.The increase in land prices under government monopoly and control has indeed increased government revenue, but at the same time it has also increased housing prices.Du Shicheng and others have obtained more financial resources and power at their disposal, and allies in the business world can also obtain more profits.

On the one hand, Qingdao has the highest housing prices in the country; on the other hand, not all these high-priced houses are bought by urban residents who lack housing. One of the reasons is that the average income of urban residents is not high.While officials and businessmen "appreciated" along with the city's land prices, ordinary citizens had to bear the cost. As a result, it became increasingly difficult for Qingdao people to afford houses.In this regard, in 2003, Du Shicheng said when he was a guest at the People's Network Powerful Country Forum: "Although the housing prices in Qingdao are very high, the villas on the coastal line may have reached 20,000 yuan per square meter, but if you go north along a street in Qingdao, that is 20,000, 10,000, 8,000, 5,000, 3,000, and the cheapest one is 1,000.” As soon as this remark came out, there was an uproar in Qingdao.The 1,000-yuan house that Du Shicheng refers to is 30 kilometers away from downtown Qingdao.

What did Du Shicheng leave for Qingdao?The income from land management rights in the next few decades has been overdrawn, and the space reserved for future development has been filled with buildings and roads. A city known for its seaside style is being distorted by random planning and construction.Du Shicheng wants to build a big Qingdao, and there are a lot of billions and tens of billions: east-west expressway, coastal highway, cross-sea bridge, subsea tunnel, Olympic sailing competition, large oil refinery, shipyard and port westward...and Qingdao's The change in the urban structure is mainly due to the expansion to the Laoshan District in the east. Wang Yan, the top leader of the party and government in Laoshan District, is another heavyweight official who has been sacked besides Du Shicheng. Wang Yan was born in 1955. He joined the army at the age of 15. He joined the regiment and the party in the army. After returning to the local area, he successively worked in banks, foreign economic and trade commissions, development zones, Laoshan District, and Qingdao municipal government. From March 1998 to July 2000 Served as director of Qingdao High-tech Industrial Park Management Committee, deputy secretary of the Party Committee and deputy head of Laoshan District, from July 2000 to February 2001, secretary of the Party Committee, deputy head and acting head of Laoshan District, from February 2001 to February 2001 In December 2002, he served as Secretary of the Laoshan District Committee and District Mayor, and in December 2002 as Assistant to the Mayor of Qingdao. Wang Yan, who became a department-level cadre at the age of 36, was once hailed as a "political star" in Qingdao. He has the aura of "Top Ten Outstanding Youths in Qingdao" and "Leading Cadres with Outstanding Contributions in Qingdao", which Du Shicheng appreciates very much. go-getters.Wang Yan gives people the impression that he has clear thinking and courage, and he is talkative, handsome and easy to get in touch with.Objectively speaking, Wang Yan is a promising "political star".When Wang Yan served as the chairman of the Qingdao Council for the Promotion of International Trade, he made great contributions to the development of Qingdao's foreign trade.During his tenure in Laoshan District, Wang Yan took some positive reform measures, including effectively rectifying the disorderly land management. When Wang Yan first came to work in Laoshan District, he felt that the land price was too low, and it was urgent to raise the land price through cleaning up the land market, gather popularity and wealth, and stimulate urban construction.Therefore, after becoming the top leader in Laoshan District, Wang Yan, through a series of actions such as freezing land leases and implementing whole village reconstruction and resettlement in different places, the land price in Laoshan District rose sharply in less than three months. The land price increase even reached 100% to 150%.It can be seen that a government that has almost monopolized the supply of new land also has the right to speak about land use. Some media even claimed that when Wang Yan was the secretary of the Laoshan District Party Committee, the house demolition was carried out by publicity trucks, forklifts, police cars, and fire trucks. Wang Yan is famous for being good at grasping the export-oriented economy. During his work in Laoshan District, the most important achievement is that the city's image has changed a lot.High housing prices mean higher land prices, and at the same time mean high growth in local fiscal revenue, and also mean the acceleration of urban construction as an official achievement.Objectively speaking, the main reason for Wang Yan to intervene in the lease of land is to pursue political achievements, while personal profit from it is a subsidiary interest other than political achievements.As a local leader, if he wants to make "visible" achievements in a short period of time, it is the fastest way to focus on urban renovation and real estate development, and it is also the most tempered by Du Shicheng.Now that Du Shicheng, secretary of the municipal party committee, has chanted the slogan of "running the city", it seems logical that Wang Yan, secretary of the district party committee, can make money from the land and get double benefits politically and economically.Later, Wang Yan did get rewarded in his official career, and in December 2002 he served as the assistant to the mayor. The approval document signed by Wang Yan for land lease was finally placed on the desk of Yu Zhijun, director of the Laoshan District Land and Resources Bureau. In the late 1990s, the real estate market in Qingdao gradually heated up.Qingdao Hi-Tech Industrial Park is located in Laoshan District, surrounded by mountains and sea. It is called "Golden Coast" by the locals. It is favored by many developers. In addition, Qingdao's urban pattern is expanding eastward, and a large number of real estate developers flock here.The main target of their research is Wang Yan, the leader of the district committee who holds great power. Planning, land and other departments have also become fortresses that developers must overcome in their pursuit of profit. To develop a piece of land in Laoshan District, there are two key departments, one is the Planning Bureau and the other is the Land and Resources Bureau.In order to successfully develop a piece of land into commercial and residential buildings, it must obtain the permission of the planning department. Therefore, if a developer wants to obtain a piece of land, he must get through the main approval links such as planning and land.And these two departments are under the management of Wang Yan, Secretary of the Laoshan District Committee and District Mayor, so Wang Yan became the first fortress for developers to tackle key problems. The procedure for land development is extremely complicated. First, the developer writes a land use application to the district chief, and the district chief approves the land use application to the Land and Resources Bureau through the district chief in charge. Layer after layer of signatures and then report to the district.The next procedure is to report from the district to the city, from the city to the province, and from the province to the Ministry of Land and Resources, and finally pass it down layer by layer.These examination and approval procedures are very complicated, and even if one link is missing, it will not work.According to this normal procedure, some land cannot be approved for seven or eight years. However, the most critical link here is the leadership and functional departments of the local government.The reason why the developer wanted to bribe Wang Yan, Yu Zhijun and others was to acquire land and to save time.The country has strict regulations on land "bidding, auction and listing", but in fact, as long as Wang Yan personally arranges, the long-delayed matters can often be resolved quickly.Under the intervention of Wang Yan, Yu Zhijun and others, the developers did not go through the normal procedures for land approval, and did not look for the market to find the district chief or bureau chief. reap huge benefits. In a city like Qingdao, where land is very expensive, shortening the time for land acquisition is almost as important as acquiring land.During his time in charge of Laoshan, Wang Yan repeatedly violated the relevant regulations of the state on land management, and violated his authority by approving notes, greetings, and holding coordination meetings, directly intervening in land lease and transfer affairs.According to the charges of the public prosecution agency, Wang Yan has more than ten times sought benefits for developers in land approval procedures, old cities and urban village renovations.Later, Wang Yan said frankly that when the government supplies land and approves construction projects, it is very simple for relevant leaders to make money from land approval, planning, and acceptance. Nothing is difficult. In 2005, as one of the protagonists of the "Illegal Land Lease Case in Laoshan District, Qingdao", which shocked the whole country, Wang Yan was arrested and sentenced together with Zhang Zhiguang, director of the Qingdao Planning Bureau, and Yu Zhijun, director of the Laoshan District Land and Resources Bureau.The reason for their fall was that in 2002, the National Audit Office conducted a pilot audit of land funds in Anshan, Jinan, and Shenzhen. The audit report disclosed illegal funds as high as 7 billion yuan, which attracted great attention from the State Council. In May 2003, Deputy Auditor-General Linghu An ordered that some economically active cities be selected for audit, including Qingdao. The audit of Qingdao turned out a major case.In this audit, the audit team not only uncovered the "big fish" Wang Yan, the secretary of the Laoshan District Party Committee, but also found that Qingdao City's unauthorized change of land use, use of collective land, and allocation of land for real estate development are "very serious." .A total of "3 major categories, 29 subcategories, and 133 specific problems" were detected in the whole city, among which the problems in Laoshan District are the most serious. The audit results showed that problems such as low-price agreement transfer of land in Laoshan District, Qingdao City, confusion in the income and expenditure of land transfer fees, and village committees selling land by themselves were particularly prominent.Local town and village cadres wantonly occupied farmland to build buildings in the name of village reconstruction. According to statistics from the Ministry of Land and Resources, from January 2001 to June 2003, the Laoshan District Government and the Land and Resources Administration Bureau, without going through the approval procedures for agricultural land conversion and land requisition, arbitrarily used land reservation agreements and The form of the requisition notice approved the requisition of 3,928.11 mu of collective land, including 2,345.47 mu of cultivated land; 1,453.85 mu of occupied land, including 1,408.7 mu of cultivated land; 2,474.26 mu of land that has signed a land transfer contract but has not yet started construction, including 936.72 mu of cultivated land.These figures are accompanied by huge power-money transactions, which hide a huge loss of national interests, which is shocking. On October 15, 2003, Yu Zhijun, director of the Laoshan District Land and Resources Bureau, was criminally detained on suspicion of accepting bribes.While in custody, Yu Zhijun successively exposed the suspected bribery of Wang Yan, former assistant to the mayor of Qingdao and secretary of the Laoshan District Party Committee. In late October 2004, Wang Yan was arrested. The case of Wang Yan, Yu Zhijun and others’ illegal lease of land was transferred to the judiciary for investigation, but Wang Yan and others did not explain any relationship with Du Shicheng at that time. Du Shicheng still sat firmly on the Diaoyutai until he was sacked two years later. Because the Laoshan land lease case involved several leading cadres in Qingdao City, it was a typical case of land crimes, so it had a huge impact in Shandong and even the whole country.The investigation of this case fully demonstrates the country's determination to rectify the order of the land market and standardize land transactions.However, what caused these cadres to repeatedly break the red line of illegal land grants?What role does Yu Zhijun play in it? After layers of analysis, it was time to analyze Yu Zhijun. Yu Zhijun was born in Qingdao on March 2, 1961. Before the incident, he served successively as deputy mayor, mayor and director of the Economic Committee of Shazikou Town, Laoshan District, deputy director of the Laoshan District Transportation Bureau, and director of the Laoshan District Land and Resources Bureau. In April 2003, he was arrested half a year after he became the director of the Laoshan District Education and Sports Bureau. The investigation of Yu Zhijun's bribery case was concluded by the Anti-Corruption and Bribery Bureau of the People's Procuratorate of Shandong Province, and the Tai'an City People's Procuratorate initiated a public prosecution.According to the court investigation, from the beginning of 1995 to September 2003, Yu Zhijun took advantage of his position to seek benefits for others, and illegally solicited and accepted bribes from 45 units and individuals totaling more than RMB 5.39 million.Yu Zhijun's bribery crimes lasted for 8 years, but the main crimes were concentrated during his tenure as the director of the Land and Resources Bureau of Laoshan District.When Yu Zhijun served as director of the Land and Resources Bureau from April 2001 to April 2003, he illegally asked for and accepted bribes equivalent to about 4 million yuan in order to obtain benefits in handling land transfer procedures and purchasing land for relevant real estate developers. The characteristics of Yu Zhijun being knocked down by bribery are very prominent, and even the procedure is the same: the developer entrusts someone to invite Yu Zhijun to dinner, first makes friends to pave the way, and then tries to send various benefits.If Yu Zhijun refused to accept it, the developer said, "If you refuse again, you can't be friends anymore." In the end, Yu Zhijun had no choice but to accept it half-heartedly.Then things began to enter the substantive operation stage. The developer approached Yu Zhijun to give his hands on the leased land. For various reasons, Yu Zhijun generously generous to the country with a stroke of a pen.This is a gradual public relations trajectory. Officials and businessmen changed from strangers to acquaintances, and finally became close friends who acted against principles. There are two reasons why Yu Zhijun was able or willing to violate the principle: one is "friends ask for help", this kind of friend who has already sent money is not good and dare not refuse. It will ruin his official career; another reason is that most of the land that needs to be leased is approved by the leaders above, and he is just performing a formality.Yu Zhijun believes that even friends would never throw money into the water for a developer who takes cost accounting as his nature. If he does not hold the power of approval, he believes that his closest friends will not send money or goods.The developers had already placed big bets on Wang Yan and other leaders. They let the leaders eat all the meat, and they just drank some soup, so this "soup" Yu Zhijun drank it with peace of mind.Later, when the other party didn't know what to do, Yu Zhijun would insinuate and remind the developer to express that if the payment was less, Yu Zhijun would arrange for his sister to come to the door to withdraw the money.During the process of Yu Zhijun accepting bribes, many large amounts of bribes were handed over to Yu Zhijun by Yu Zhijun's sister to the developer. As long as the bribes are paid in time, as for the state's land transfer fee, it can be "solved specifically for specific problems."In the early stage of the development of Laoshan District, a number of land preferential policies were formulated. As for the preferential policies, it depends on how Yu Zhijun turns his pen.Around 2002, a large number of developers saw the institutional defects and room for huge profits in the renovation of old urban villages. In just two months in Laoshan District, 28 villages signed development and renovation agreements with developers.Various speculative behaviors have appeared here, and power rent-seeking came into being.At that time, piles of approval documents from the Laoshan District Land and Resources Bureau were delivered to the desks of Yu Zhijun and Wang Yan, and they signed them one by one for developers to use.Since then, various high-end residences named "XX Coast" and "XX Century" have sprung up in Laoshan District, and a group of developers have become billionaires by eating state-owned land.Naturally, Wang Yan and Yu Zhijun, who held the right to lease the land, reaped a lot of benefits from it. In this way, Wang Yan and Yu Zhijun were captured by developers driven by political achievements, favors and profit-seeking mentality, and formed an interest group with the developers.Looking at some of the 45 criminal facts of Yu Zhijun accepting and demanding bribes as determined by the procuratorate and the court, we will find clues: In December 2002, Yu Zhijun took advantage of his position as the director of the Land and Resources Bureau of Laoshan District to seek benefits for a property company in Qingdao by applying for a land use certificate, and received 1.5 million yuan from Wang Mou, the chairman of the company. Before the Spring Festival in 2002 and in February 2003, Yu Zhijun sought benefits in handling land transfer procedures for a real estate company in Qingdao, and received RMB 810,000 in total from Zhao, the chairman of the company, twice.The first time was that Yu Zhijun's office accepted 10,000 yuan. After the matter was completed, Yu Zhijun arranged for his sister to go to Zhao's company three times to get back 800,000 yuan. During the Spring Festival of 2002 and January 2003, Yu Zhijun sought benefits for a certain real estate company in Qingdao by purchasing land. ten thousand yuan.This time the bribery was also divided into two times. The first time was to receive a 30,000 yuan shopping card in his car. After the incident was completed, he asked his sister to go to Lu's company to withdraw 330,000 yuan. In June 2003, Yu Zhijun sought benefits for a company in Qingdao by acquiring land. Yu Zhijun arranged for his sister to go to the office of Han, the deputy general manager of the company, and get back the RMB 310,000 that the company had given to Yu Zhijun. In March 2002 and July 2002, Yu Zhijun sought benefits for a certain company in Qingdao by requisitioning land. He first collected $4,000 from Mr. Liu, the general manager of the company, next to the government building in Laoshan District. The company took 100,000 yuan. These are companies and bosses who are enlightened, and there are also a few bosses who are not enlightened. Yu Zhijun's method is very simple. He asks for it, otherwise he will not sign it. In May 2002, a real estate project developed by a Qingdao Real Estate Development Co., Ltd. needed to go through the land transfer procedures. Yu Zhijun refused to sign. It was not until the chairman of the company, Mr. Wang, that Yu Zhijun said: "I I’m going to go abroad for inspection recently, and I’m a little tight, can you exchange some dollars for me?” Chairman Wang immediately became “sensible” when he heard this, and within a few days, he sent 20,000 US dollars. The formalities were signed. Yu Zhijun received and demanded bribes ranging from RMB and US dollars to shopping cards and even computers and mobile phones. After two years as the bureau chief, he received more than 4 million yuan in "return". 5393819.74 yuan. From Yu Zhijun's perspective, the developer's "corruption research" in the land leasing link is daring to spend money. There are many approval links for real estate development, but this means that there are also many links for power rent-seeking.A real estate company in Qingdao is not strong, so it took a fancy to a piece of land in Laoshan District.The general manager Li asked Wang Yan to do work many times, and later reached an agreement on land transfer.In the process of handling the land property rights transfer procedures, Wang Yan knew that his company did not have the financial strength to pay the land property rights transfer fee, and still violated the relevant provisions of the Land Law, and used his authority to approve the land use report to the Land and Resources Bureau. Issue the land use right certificate.Under the manipulation of Wang Yan and Yu Zhijun, 160 million yuan in fees was reduced or exempted for this real estate company, and the risk of land transfer was passed on to the state.Wang Yan and Yu Zhijun received "tips" of 120,000 yuan and 20,000 yuan respectively. Investing in such a small capital, but getting thousands of times or even tens of thousands of times of benefits, such a profitable public relations is of course what developers dream of.Therefore, the chairman of a real estate development company in Qingdao just gave Wang Yan three important gifts in order to thank Wang Yan for his "care" for "obtaining the right to use state-owned land as soon as possible" and "participating in the reconstruction of old villages". Equivalent to RMB 3.34 million! After the "land barrier" is passed, the "planning barrier" will follow. What developers get after the planning barrier is an increase in floor area ratio.As we all know, the floor area ratio of a building is directly related to the developer's pocketbook. It is said that if the floor area ratio increases by 1 percentage point, the developer's profit can increase by 10 percentage points.If the floor area ratio is doubled, it means that a building originally planned for about 30 floors will grow to about 60 floors in disguise by increasing the floor area ratio.Therefore, in order to increase the floor area ratio, some smart developers regard Zhang Zhiguang, director of Qingdao City Planning Bureau, as the "God of Wealth" who can bless them to get rich. The thicker and taller buildings in Qingdao have increased the floor area ratio.The increase in floor area ratio has directly increased the developer's income by hundreds of millions, but it has damaged the residential rights of the owners and seriously damaged the overall planning of Qingdao, a famous historical city. In 2003, Zhang Zhiguang, director of the Planning Bureau of Qingdao, who proposed the "Sunshine Plan", was convicted for helping developers increase the floor area ratio.It was found that Zhang Zhiguang had illegally accepted bribes equivalent to more than 8.6 million yuan 96 times during his tenure as deputy director and director of the Qingdao Municipal Planning Bureau from November 2000 to October 2003. When Wang Yan was in office, he was exploited by some developers and made undue profits for both sides.But the irony is that the precursor to his downfall was because he challenged the developers, and what is even more sad is that he did not fight the developers in the end. When Wang Yan went to Laoshan District to take up the leadership position, the real estate market was already in chaos.At first Wang Yan tried to clean up and rectify, but offended some developers.Of course, it is precisely because of my own incorruptibility that I give others a handle, and I end up humiliating myself. The developer who sued Wang Yan obtained a large amount of land at a low price in 1993. Over the years, the land was enclosed, sold and defaulted on loans, resulting in a large number of contract disputes and unfinished projects.Once Wang Yan went to Taiwan for a meeting, the boss of the developer followed Wang Yan to Taiwan to give gifts, and gave Wang Yan 10,000 U.S. dollars in "pocket money".Wang Yan refused at first, but the developer said it was a "temporary loan". Under the circumstances at the time, Wang Yan had no choice but to accept it and bring it back to Qingdao. Once back in Qingdao, the developer approached Wang Yan and said that the unfinished original land would be repurchased by the government after restarting or evaluating, and promised to distribute 10% of the profits to Wang Yan if Wang Yan approved it.The so-called restart refers to reselling the land to other developers in a disguised form; the so-called government repurchase refers to the evaluation of undeveloped land at a price of 1.6 billion yuan and then selling it back to the government.Of course Wang Yan didn't want to be taken advantage of, so he immediately rejected the developer's request. Angry, the developer went to Beijing and invited two lawyers to threaten Wang Yan as a partner. Either he agreed to the conditions and might get tens of millions of yuan in favors, or he refused, and his reputation would be ruined.When Wang Yan returned the US$10,000 that the other party gave him in Taiwan, the developer caught hold of it. The next day, they threatened Wang Yan with the evidence of accepting US$10,000 in bribes and said: "If you agree to cooperate, you will withdraw the case." , or you will be killed." Afterwards, the developer used this trump card to secretly sign a new development contract with other developers for the unfinished project that was seized by the provincial, municipal and third-level courts, and charged a huge deposit, and at the same time pre-sold it to the outside world.When Wang Yan arranged for a showdown between officials from the Laoshan government, the Political and Legal Committee, the court, public security, and construction, and the developer in accordance with the law, Wang Yan also realized that he had nowhere to go for his personal future, but Wang Yan still decisively ordered to stop the developer's behavior.Later, under Wang Yan's personal coordination, the land agreement was transferred to another development company with an unusual relationship with Wang Yan. In October 2001, the developer reported Wang Yan to the Supreme People's Procuratorate for the main charge of illegal lease of land.Only then did Wang Yan "behind the suspicious humility of those sanctimonious and unscrupulous businessmen, see the sneer from between their teeth!" But in this contest, the developer's report did not really shake Wang Yan's official position until the "Illegal Land Lease Case in Laoshan District, Qingdao City" was one of the first five land cases announced by the Ministry of Land and Resources in 2003, and Yu Zhijun was sacked It was only later that Wang Yan was confessed. At the end of 2004, a storm of centralized trials pushed the relevant persons responsible for the "Illegal Land Lease Case in Laoshan District, Qingdao City" to the trial seat one after another.Zhang Zhiguang, former director of the Planning Bureau of Qingdao, Wang Yan, former assistant to the mayor of Qingdao, Yu Zhijun, former director of the Land and Resources Bureau of Laoshan District, and others were brought to trial.The relatively concentrated storm of court trials has finally given a clearer picture of the big Laoshan land case that has been widely circulated. First, Yu Zhijun fell from his horse, and then led out Wang Yan.And the corruption of Yu Zhijun, a little land master, is shocking.According to the investigation by the procuratorate, from the beginning of 1995 to September 2003, Yu Zhijun took advantage of his position to seek benefits for others, and illegally solicited and accepted bribes from 45 units and individuals totaling more than RMB 5.39 million.Among them, when Yu Zhijun served as the director of the Land and Resources Bureau from April 2001 to April 2003, he illegally asked for and accepted bribes equivalent to RMB 4 million for the relevant real estate developers to seek benefits in handling land transfer procedures and purchasing land. about. During the court trial, Yu Zhijun confessed to all the criminal facts charged by the procuratorate.After he was brought to justice, Yu Zhijun voluntarily confessed some of the criminal facts of bribery that the judiciary had not yet grasped, and returned all the stolen money from bribery and extortion, and also reported and exposed the major meritorious service of Wang Yan and others. The defender Qian Lieyang was Yu Zhijun Defense of lenient punishment was made. Qian Lieyang has no objection to the fact that Yu Zhijun, the defendant accused by the public prosecution agency, committed the crime of accepting bribes.However, Qian Lieyang believes that the major features of this case that are different from other similar cases are the defendant's confession, attitude of repentance and performance of major meritorious service.In this regard, Qian Lieyang put forward three defense opinions in court: First, the evidence in the case proves that the defendant Yu Zhijun accepted more than 5 million yuan in bribes, of which the fact that more than 4 million yuan in bribes was not grasped by the judiciary, and more than 80% of the defendant's crime amount in this case was voluntarily confessed by the defendant.The defender believes that according to the provisions of Article 4 of the Supreme People's Court's "Interpretation on Several Issues Concerning the Handling of Surrender and the Specific Application of Law for Meritorious Service", "criminal suspects, defendants and convicted criminals who have been subjected to compulsory measures shall truthfully confess that the judiciary has not yet grasped If the crime committed by the judiciary is of the same type as the crime already grasped by the judiciary or the crime that has been confirmed, it may be given a lighter punishment; if the crime of the same kind that is truthfully confessed is more serious, it shall generally be given a lighter punishment." Yu Zhijun, the defendant, truthfully confessed The criminal facts of more than 4 million yuan should be dealt with lightly in sentencing. The second is that the defender believes that the defendant Yu Zhijun has made great meritorious service. During his detention, he voluntarily reported and exposed the criminal facts of the other two people who accepted huge amounts of bribes, and the judicial authorities have verified that the two have been brought to justice.The amount of bribes of the two people is particularly huge, and they may be sentenced to life imprisonment or more.Therefore, according to the Supreme People's Court's "Interpretation on Several Issues Concerning Handling Surrender and Contribution to the Specific Application of Law", the defendant Yu Zhijun should be found to have performed major meritorious service. The third is that the defender believes that the defendant Yu Zhijun has returned all the stolen money and stolen goods after the incident, and did not seek improper benefits for the briber, and his criminal behavior did not cause direct major economic losses to the country, society, units and individuals.The defender believes that most of the amount of bribes accepted by the defendant Yu Zhijun in this case was voluntarily confessed by him, so it should not be included in the particularly serious circumstances of the crime of accepting bribes.The defendant, Yu Zhijun, has performed major meritorious service, which complies with the legal provisions for a mitigated punishment. In the end, the court accepted the defender's opinion and gave Zhijun a light sentence. On January 11, 2005, Wang Yan was sentenced to death with a two-year suspension of execution by the Jinan Intermediate People's Court for accepting more than 4.96 million yuan in bribes; On January 13, 2005, Zhijun was sentenced to 15 years in prison by the Tai'an Intermediate People's Court of Shandong Province for accepting bribes of more than 5.39 million yuan.Among the three corrupt officials, Zhang Zhiguang’s bribery amount was as high as 8.6 million yuan, which was once the largest duty-related crime case of department-level leading cadres investigated and dealt with by the procuratorial organs of Shandong Province since the founding of the People’s Republic of China.The amount of bribes Yu Zhijun accepted was higher than that of District Mayor Wang Yan, but he received a light sentence. This is inseparable from lawyer Qian Lieyang's passionate defense and Yu Zhijun's major meritorious service in exposing others' crimes of.After the verdict, Wang Yan and Yu Zhijun did not appeal the first-instance verdict. A careful inspection of Yu Zhijun's list of bribes shows that during his two years in office, he has solicited and accepted more than 4 million yuan in bribes, which can be described as making tens of thousands of dollars every day.Dozens of developers in Qingdao City took the initiative to bribe Yu Zhijun in different ways. These people took a fancy to Yu Zhijun's greed, extravagant desire for money and power in his hands. It's not easy to do things, it's better to give than not to give, and it's better to give more than less", regards being able to send money to Yu Zhijun as a kind of "honor" and "ability", and bribes him as gain The "panacea" of benefits.With the help of these real estate developers, Yu Zhijun got deeper and deeper into the quagmire of crimes, and his crimes became more and more serious.After the incident, although the procuratorate seized all the stolen money and stolen goods from his crime, the impact and harm he caused to society and people are irreversible. This illegal land lease case, which had a huge impact in Shandong and even the whole country, ended with the judgment in January 2005 in the midst of discussions, but at that time, no one thought about the loss of national tax revenue brought by this illegal land lease case. By whom.After the dust settled, Yu Zhijun, who had already started serving his sentence, was pushed to the trial stage again. On August 24, 2007, Yu Zhijun was investigated by the Licang District People's Procuratorate of Qingdao City for the crime of dereliction of duty. On September 30, he was prosecuted. Duty crime, exempt from criminal punishment.This case was supervised by the Shandong Provincial People's Procuratorate, and the Qingdao Municipal People's Procuratorate designated the Licang District People's Procuratorate to file the case for investigation.When the investigation was completed and transferred for prosecution, it was determined that the criminal suspect Yu Zhijun had directly caused a tax loss of more than 13.31 million yuan to the country.起诉书指控，2001年4月至2003年4月，被告人于志军在担任青岛市国土资源局局长期间，严重不负责任，违反《中华人民共和国契税暂行条例》及国家税务总局、国家土地管理局《关于契税征收管理有关问题的通知》等文件中，关于未取得契税完税凭证或免税证明土地管理部门不予办理土地登记手续的规定，在申请人没有缴纳契税的情况下批准登记发放国有土地使用证，给国家造成税收损失993余万元。 按照有关纳税规定，在办理国有土地使用权证以前，必须缴纳土地契税。但在于志军任局长之前，崂山区办理国有土地使用权证基本上都是先办证，再征土地契税，这一做法是崂山区政府同意的或者说就是区政府决定的。如果没有区政府的同意或决定，国土资源局也不可能办理出国有土地使用权证，因为办理国有土地使用权证需要区政府领导的审核批准。所以，于志军就沿袭了区政府和国土资源局的一贯做法。 就是这种沿袭传统做法的行为，使得于志军要承担后果。如果法院采纳了公诉人的指控，对于志军就应当判处3年以上7年以下的有期徒刑。 崂山区是青岛市成立比较晚的一个区，在开发建设过程中，从国家开始征收土地契税的时候起，崂山区的大量契税都没有及时征收。崂山区财政局对1999年以后崂山区土地契税的缴纳情况进行了统计。从统计结果看，在办理国有土地使用权证以前缴纳土地契税的只是极少数，绝大部分都是在办理出国有土地使用权证之后才缴纳的，有的甚至在一年或数年后才缴纳。 发现这种情况后，山东省人民检察院向青岛市人民检察院下发了督办函，青岛市人民检察院指定李沧区人民检察院立案侦查。很明显，崂山区没有及时征收契税是崂山区发展的大环境造成的。 于志军被起诉后，立即从北京聘请了律师为他辩护。律师认为，在发现重大损失后果并立案侦查的情况下，准确认定谁的行为才是造成这一重大损失后果的原因是案件办理的关键。结合青岛市崂山区发展的历史环境，结合办理国有土地使用权证过程中从国土资源局具体经办人、部门负责人、主管副局长、局长直至崂山区政府副区长、区长不同职位的权限，结合不同国家机关对土地契税征收和协助征收的职责，不否认崂山区国土资源局及局长于志军有一定的责任，但造成土地契税没有及时缴纳的主要责任肯定不是于志军。也就是说，即使造成了土地契税的最终损失，于志军的行为也不是直接的、主要的原因，因此让于志军对这一损失承担玩忽职守罪的刑事责任就缺乏必要的事实依据。同时，于志军的律师提出，在尚未缴纳的土地契税有继续征收的现实条件下，有义务征收的机关应当积极采取征收措施，及时将没有缴纳的契税征收上来，这样才能保障国家的税收不受损失。为此，辩护人向当地有关机关发出了律师建议函。 最后，李沧区人民法院同时考虑到了公诉人指控中的合理部分和辩护人辩护中的合理部分。先缴税后办证是法律的规定，任何国家机关工作人员都要遵守此法律规定，违反了法律规定，不论什么理由，都是玩忽职守的行为，因此应当对于志军定玩忽职守罪；但同时，崂山区土地契税没有在办证前缴纳的主要责任不是于志军，现在没有缴纳的契税以后还可以征收，因此，即使定罪也没有必要在3年以上7年以下量刑。 2007年11月24日，李沧区人民法院一审认为：被告人于志军身为国家机关工作人员，严重不负责任，不正确履行自己的工作职责，致使国家财产遭受重大损失，其行为构成玩忽职守罪。但鉴于崂山区发展的历史背景及造成契税尚未确定实际损失数额，其犯罪情节轻微，依法可免予刑事处罚。 至此，这场土地违法批租大案终于落下了帷幕。 房价是一个经济问题，又是一个政治问题。唐代杜甫有"安得广厦千万间，大庇天下寒士俱欢颜"的感叹。而房价一路飙升令人咋舌，国家多次出台政策平抑房价，房价也成为全国百姓最为关注的热点之一。 非法批地、占地的案例在全国还有很多，因为插手土地批租出现职务犯罪行为而受到法律制裁的干部也不在少数。是什么原因使这些干部屡闯违法批地的红线呢？主要是违法犯罪的成本太低而收益却很高，同时现行土地管理制度的弊端也为他们提供了违规空间。 地方政府主要负责人实际掌握了管地的权力，在土地协议出让过程中，监督缺位问题比较突出。按规定协议出让应在有关组织的监督下进行，但实际上却是"一把手"说了算，同级监督落不到实处，上级土地管理部门执法手段单一，造成国有土地资产大量流失，也腐蚀了部分领导干部。 不改革现行的土地管理制度，地方领导热衷征地、卖地之风就很难遏制。当前，迫切需要加大土地市场改革力度，提高市场供应水平，严格限定行政划拨供地的范围，让房地产开发商不找市长找市场。土地配置走市场化道路，恐怕才是解决问题的根本所在。