On August 11, 2017, a slope landslide occurred in Shanxi Coal Transport and Marketing Group and Shunluxin Coal Industry Company, resulting in 9 deaths and 1 injuries. But after the accident, Luxin Coal Industry deliberately concealed the accident. When Yao Mou, then director of the Land and Resources Bureau of Jinzhong City and Shunxian County in Shanxi Province, did not verify the casualties, he reported to the government that the accident did not cause any casualties. Houshun County Government and Land and Resources Bureau issued a circular saying that the accident did not cause casualties. With the surrender of Gao Mou, general manager of Luxin Coal Industry, the truth finally surfaced. Beiqing Daily reporter learned on May 10 that Yao Mou, the former director of the Land and Resources Bureau of Heshun County, was sentenced to two years and six monthsimprisonment by the Second Trial of Jinzhong Intermediate Peoples Court of Shanxi Province for bribery.
Ten bribery cases totaled 76,000
Yao Mou, 49, is from Shanxi. Shanxi Jinzhong Intermediate Court (2019) Jin07 Criminal Judgment No. 60 shows that there are 10 cases of bribery by Yao Mou, who receives 76,000 yuan in cash from others, all of which are used for personal and family consumption.
Judging from the amount of bribery, the amount of each bribery of Yao Mou varies from 10,000 yuan to more than 300,000 yuan. The largest amount is from 2013 to 2017. In order to obtain and appreciate the support of Yao Mou in the continuation and change of mining rights, the approval of temporary land use and the acceptance of temporary land reclamation of Shanxi Coal Transport and Marketing Group and Shunhong Run Coal Industry Company, Zhu Mou, deputy general manager of the company, delivered a total of 350,000 yuan in cash four times; the smallest amount was 10,000 yuan, and one day in July 2014, Shanxi Qin. In order to thank Yao for his help in undertaking the project of Geological Disaster Infinite Early Warning Broadcasting System of Heshun County Land Bureau, Renshimou of Yuanxian County sent a cash of 10,000 yuan to Yaos office.
Judging from the time of accepting bribes, Yaos time of accepting bribes mainly concentrates on the period from 2012 to 2014. The judgment shows that 7 of the 10 bribes took place during this period, such as before the Spring Festival and Mid-Autumn Festival from 2012 to 2013. In order to obtain and appreciate Yaos support for the extension and change of mining rights of a Beiguan Coal Company in Shanxi and Shunlong, Yaos company operates company. Office director Yan Mou, entrusted by Chairman Chen Mou, delivered a total of 40,000 yuan of cash to Yao Mous office four times; before the Spring Festival and Mid-Autumn Festival of 2012 and 2013, in order to get and thank Yao Mou for his support to the continuation and change of mining rights of Shanxi Heshun Zhengbang Coal Industry Co., Ltd., the brother Ma Mou-1 of the companys shareholder Ma Mou-2 sent a total of 40,000 yuan of cash to Yao Mous office four times.
9 casualties and 1 casualties were reported to superiors without casualties
According to the ruling, apart from bribery, the prosecution also accused Yao of dereliction of duty. The charge is related to a mine accident.
On August 11, 2017, a slope landslide occurred in No. 4 mining area of Shanxi Coal Transport and Marketing Group and Shunluxin Coal Industry Company, resulting in 9 deaths and 1 injury. But at that time, after the accident, Luxin Coal Company deliberately concealed the accident. Yao Mou, then director of the Land and Resources Bureau of Heshun County, did not seriously investigate the landslide site according to the requirements of the government and relevant leaders, did not carry out emergency treatment according to the dangerous situation of geological disasters. Without verifying clearly the casualties of the accident, he reported serious inconsistencies with the facts to the Heshun County Government from the point of view of refuting rumors for the government. Houshun County Government and Land and Resources Bureau issued announcements through the Internet platform, saying that the accident did not cause casualties and equipment damage. At that time, some netizens were even detained by the police for disseminating information about the landslide in Luxin Coal Industry on the Internet, which caused many deaths.
However, with the explosion of the accident on the Internet, the local media questioned the report of the accident, and the media also entered the scene for interviews. In the early morning of August 15, Gao Mou, the head of Luxin Coal Industry, surrendered to the police, claiming that four people were dead and five were missing. The truth of the accident finally surfaced.
On August 20, 2017, the Office of the Security Committee of the State Council also gave a briefing on the accident, which said that eight people were initially confirmed dead, one missing and one injured. The circular also said that after the accident, Luxin Coal Industry concealed the accident premeditated, planned and organized; and the relevant departments of Heshun County Government, after receiving the accident report information, made the conclusion that there were no casualties without careful verification and evidence collection.
Yao said that the Land and Resources Bureau of Heshun County was responsible for the protection of cultivated land, land use, land reclamation, management of mining certificates, prevention and control of geological disasters, cracking down on illegal mining, cadastral registration and other functions. At that time, as the director, he should be fully responsible for the work of the Land and Resources Bureau. After the accident, he called Gao Mou, general manager of Luxin Coal Industry, and Zhang Mou, director of the Coal Industry Bureau, to ask whether the online rumors of the accident caused the deaths of people were true. They all said that the accident had occurred, but no deaths. On August 13 of that year, he went to Luxin Coal Mine with the staff of the County Land and Resources Bureau. The staff at the scene told him that there were no workers and machinery when the landslide happened, so there were no casualties and damage to machinery. After that, he asked the staff of the Land Bureau to report to the county government without saying that there were no dead people in the landslide, and from the governments point of view, to dispel rumors for the government. After the report was formed, he did not read it, but the conclusion that the landslide did not cause casualties was that he let it report. According to the regulations, they should deal with geological disasters in accordance with the requirements of the municipal and county governments. They should inquire relevant personnel, investigate landslides on the spot, and survey the surrounding geological conditions. They should also put forward emergency preventive measures. The rash report is caused by his careless and irresponsible work. Moreover, the county government asked experts to go to Luxin Coal Mine Landslide Site for serious investigation. He did not invite experts to go with him, which is a dereliction of duty.
Appeal rejected after two and a half yearsimprisonment for bribery
The court of first instance held that Yao Mou took advantage of his position to gain benefits for others and illegally accepted other peoples property in a huge amount. His actions violated the national clean government construction system, destroyed the normal working order of state organs, and constituted the crime of accepting bribes.
As for the accusation of dereliction of duty by the public prosecution organ, the court held that the network public opinion triggered by the Luxin Coal Landslide accident was a result of many factors. As the director of the Land and Resources Bureau of Heshun County, Yao Mous official behavior in the process of investigation and verification of the accident and the accusation of the public prosecution organ that after the truth of the accident was revealed, it caused a great deal of doubts among the people and damaged the credibility of the government had no direct cause. As a result, Yao Mou does not constitute the crime of dereliction of duty.
In the first instance, the court convicted a drug of bribery, sentenced him to two years and six monthsimprisonment, and fined him 200,000 yuan. After the judgment of the first instance was pronounced, Yao appealed. He believed that, except Shi gave him 10,000 yuan of bribery and accidental accidental, the rest were gifts given to him by old classmates, old friends and old colleagues on New Years Day. There was no clear and specific entrusting matters. The original trial sentenced too heavily and asked the court of second instance to impose a lighter punishment or suspended sentence on him.
Upon hearing, the Jinzhong Intermediate Court rejected the appeal and maintained the original judgment.
Beiqing Daily reporter inquiries found that, in addition to Yao Mou, Zhai Susheng, former deputy county head of Heshun County, was also sentenced to 12 years and 6 monthsimprisonment by the Shanxi Qixian Court on April 16, 2018 for the crime of bribery, embezzlement and embezzlement. Zhai Susheng then appealed. On June 13, 2018, Jinzhong Intermediate Peoples Court made a criminal ruling of second instance, rejected the appeal and upheld the original judgment. Among Zhai Sushengs bribery recipients, there is Luxin Coal Company.