转自:中央纪委国家监委网站 韩亚栋
2019年9月30日,浙江省慈溪市附海镇政府经济发展办公室、农业农村工作办公室原工作人员岑佰恩因受贿罪被判刑。2016-2018年,岑佰恩利用手中权力,导演了一场“养猪还得送钱”的闹剧。这场闹剧的被终结,则是从一封举报信开始的。
2018年9月,慈溪市附海镇监察办接到市纪委监委转办的实名举报:
“镇里的兽医岑佰恩没给我生猪检验检疫合格证,理由是没有拿到好处费……”
2018年10月,附海镇监察办向举报人回复:
“关于你反映岑佰恩相关问题的举报已收悉,目前我们正在对相关问题进行核实,问题一旦查实,将严格依规依纪依法处理。”
调 查 细 节
调查组:“养猪为什么要送钱?”
举报人:“岑佰恩说,是帮忙操作智慧养殖系统的钱。”
调查组:“政府建的操作系统都是免费使用,怎么会收费?”
慈溪市农业局:“智慧牧业系统为每个养殖户设置了账号、密码,不存在收费,操作简单便捷。”
调查组:“既然这么方便,养殖户为什么不自行操作?”
举报人:“我们向岑佰恩要智慧牧业系统的账号和密码,他不给我们。”
养殖户A:“岑佰恩手握所有养殖户的系统账号和密码,不但没有将其发放到位,还谎称系统操作复杂,借机向养殖户收取不正当钱财。”
养殖户B:“我在其他地方养猪的时候,这个系统都是镇里的畜牧管理员免费帮养殖户弄的,不收钱。我对岑佰恩的谎言一清二楚,却不敢拆穿他。因为生怕得罪了他,拿不到检疫证明。”
养殖户C:“最初我也不想给,但后来实在没办法,眼看猪都要卖了,他却找各种理由不给我开检疫票。”
养殖户D:“2016年8000元,2017年10000元,2018年上涨到12000元……‘开票钱’连年上涨,给晚了,岑佰恩还会不高兴。”
养殖户E:“反正这边养猪的,基本上都交过这种好处费给岑佰恩。”
养殖户F:“千里迢迢从四川、安徽跑到慈溪来养猪,办养猪场的钱都是借的,却要咬着牙向岑佰恩交好处费,换取‘检验检疫合格证’。”
……
调查组:“养殖户为什么要给你送钱?”
岑佰恩:“主要是为了跟我搞好关系,因为我管理着全镇畜牧养殖的防疫、检疫工作,他们希望我检疫票能开得快点、方便点。”
调查组:“收钱后,你为养殖户提供了什么便利?”
岑佰恩:“到养殖户的地方帮他们录入动物信息,比如数量、产地、防疫信息及技术指导,其实我们作为镇干部是应该给他们提供这些服务的。”
调查组:“操作智慧牧业系统工作量大吗?”
岑佰恩:“工作量是很小的,这只是我收钞票的一个由头或借口。”
调查组:“收取钞票后,养殖户能得到你的哪些‘关照’?”
岑佰恩:“有的养殖户养殖场没有营业执照,按规矩不能开具生猪检疫票,他们找到我之后,我帮他们挂在了其他人名下。”
经查,2016-2018年,慈溪市附海镇政府经济发展办公室、农业农村工作办公室原工作人员岑佰恩,利用从事全镇畜牧、兽医、动物防疫、检疫等职务便利,先后非法收受养殖户送予的财物共计人民币78000元。
2019年8月,岑佰恩因涉嫌受贿罪被查,用人单位与其解除劳动合同关系。2019年9月30日,岑佰恩因受贿罪被判处有期判刑八个月,缓刑一年四个月,并处罚金16万元。
2019年10月以来,附海镇党委以案为鉴,立行立改、举一反三。一方面,加强内部整顿,召开干部大会通报案件、组织养殖户参加智慧牧业系统操作培训、排查农业领域审批环节廉政风险,建立检疫证明台账每月抽查机制,推动权力在阳光下运行;另一方面,强化外部监督,邀请老干部、老党员和新时代乡贤等作为“监督外援”,对审批服务、惠农补助落实等进行“嵌入式”监督,推动基层监督“探头”覆盖更广、精度更高。
“我对信访办理结果很满意,心里的大石头落地了,现在在这里养猪也踏实了。”2020年1月,慈溪市附海镇纪委向举报人作电话回访,举报人说。
纪 法 小 课
《中华人民共和国刑法》第三百八十五条规定:“国家工作人员利用职务上的便利,索取他人财物的,或者非法收受他人财物,为他人谋取利益的,是受贿罪。国家工作人员在经济往来中,违反国家规定,收受各种名义的回扣、手续费,归个人所有的,以受贿论处。”
养殖户的生猪要出栏上市,不给“辛苦费”的,不给办拖着办;给了“辛苦费”的,违规也能办。把服务群众的义务当作管理群众的特权,借机以权谋私,其行为严重影响党和政府的形象,损害党群干群关系。岑佰恩收受的钱叫“辛苦费”也好,“手续费”也罢,皆属 “非法收受他人财物”。
岑佰恩的被查处是警醒也是教育。广大基层干部必须引以为戒,切实做到清清白白做人、干干净净做事。
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