Supreme Law: Resolutely prevent civil liability from becoming criminal responsibility
Author:Cover news Time:2022.07.25
Cover news reporter Su Yu
On July 25, the Supreme Law held a press conference to release the "Supreme People's Court to provide judicial services and guarantee for the construction of a national unified market". The "Opinions" clearly strictly distinguish between economic disputes, administrative violations and criminal crimes, resolutely prevent economic disputes from dealing with criminal treatment, and resolutely prevent civil liability from becoming criminal responsibility. Punish violations of property rights in accordance with the law, improve the recovery and disposal mechanism of the property involved in the case, and maximize the pursuit of stolen damage.
Supreme Law New News Conference.
The "Opinions" clearly protects the unified protection of market entities, elements, rules, and order. The benchmarking tables continue to promote the high efficiency and smoothness and scale expansion of the domestic market, accelerate the creation of stable, fair and transparent business environment, further reduce market transaction costs, promote promotion The five major goals of scientific and technological innovation and industrial upgrading, cultivating the new advantages of participating in international competition and cooperation, and targeted improving judicial policies, innovative work mechanisms, improving judicial effects, continuously improving the effectiveness of judicial service guarantee work, better play the market in resources The decisive role in the configuration provides strong judicial support for building a high -standard market system and building a high -level socialist market economy system.
Help implement a unified market access. Trial construction engineering, real estate, mineral resources, and water, electricity, gas, thermal power allocation and market access contract disputes in accordance with the law, accurately grasp the impact of market access such as natural monopoly industries and service industries on the effectiveness of the contract, and strictly implement the " Non -ban is "entry" policy. Integrate administrative cases involving market access in accordance with the law, support hierarchical classification to promote the reform of the administrative approval system, and curb improper intervention in economic activities, especially the abuse of administrative power elimination and restricting competition.
Strengthen the attachment of administrative standardized documents such as the negative list of market access and the list of preferential policies involved in the enterprise, and promote the timely clearance of administrative agencies in time to clean up and abolish local protection, market segmentation, designated transactions, etc. Local protection and regional barriers.
The "Opinions" emphasized that adherence to the equality of the status of various market entities, equality of legal applications, equality of legal responsibility, and equal protection of various market entities in accordance with the law. Fully implement the concept of the implementation of goodwill and civilization, further standardize the compulsory measures related to property rights, strictly prohibit the excessive and illegal seizure of property, flexibly adopt measures to seizure and change price, and effectively release the value and financing functions of the sealing property. Improve the mechanisms of appealing and review of property rights in enterprise, and improve the effective prevention and correction mechanism of case -related injustice. Support standardized measures for property rights in the field of administrative law enforcement, and maintain autonomy of market entities in accordance with the law.
Protect the legitimate rights and interests of Chinese and foreign parties in accordance with the law. Study and formulate judicial interpretations such as legal identification with international treaties and international practice, and accurately apply external laws and international treaties, and international practices. Optimize the jurisdiction of litigation of foreign -related civil and commercial disputes, and study and formulate the judicial interpretation of the jurisdiction of foreign -related civil and commercial cases in the first trial. Strengthen judicial assistance work, improve the external delivery mechanism, and promote the establishment of a unified platform for the establishment of domains.
In addition, promote the substantial operation of the International Commercial Court, improve the working mechanism of the International Commercial Expert Committee, improve the information platform for one -stop international commercial disputes, achieve organic connection between mediation, arbitration and litigation, and strive to build international commercial disputes to solve new highlands. Accurately apply foreign investment laws and regulations, comprehensively implement the national treatment plus negative list system before the foreign investment access, maintain the effectiveness of foreign investment contracts in accordance with the law, and promote fair competition in domestic and foreign enterprises. Promote the construction of a legal system outside the country, and protect the legitimate rights and interests of "going global" enterprises and citizens in accordance with the law.
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