Henan Xinxiang: Be a good "old mother" who is good at the company

In recent years, in the face of the new situation and new requirements of economic development, the procuratorial organs of Henan Xinxiang have closely focused on the party's Central Committee on "the epidemic should prevent the epidemic, the economy must stabilize, and the development must be safe", and the work deployment of the higher -level procuratorial organs is solidly implemented. Dare to innovate, be brave, and be good at acting in the business environment in accordance with the law, be a "old mother -in -law" who has stabilized the enterprise and securities.

"We must take care of the business environment like taking care of yourself, and can use the responsibility of performing their duties and the pursuit of the extreme, and provide more better procuratorial services and judicial guarantees for the high -quality development of socioeconomic and economy." Say.

Do a good job in the "second half of the article"

Add the rule of law "security lock" to economic development

"Today, through the publicly sendsing procuratorial proposal, communication and cooperation and reaching consensus. In the next step, we will actively follow up the implementation of the rectification of supervision and procuratorial proposal, and continue to pay attention to the rectification of the relevant municipal green belt." Li Yang, deputy secretary of the party group and deputy prosecutor of the Procuratorate, led a team to send a procuratorial proposal to Xinxiang Urban Management Bureau.

This procuratorial proposal originated from a duty crime case handled by the Xinxiang City Procuratorate. The prosecutor handling the case found that due to historical problems, the person involved in the case was used to use the means of stealing beams to change columns to transfer some of the road green landscape belts of state -owned assets to the control of personal companies. Although the case has been concluded and the person involved in the case is also subject to legal sanctions, if the supervision vulnerability is not blocked in time, the relevant state -owned assets still have the risk of being named or arising from civil disputes. As a result, the hospital was delivered to the procuratorial proposal on the spot to the Xinxiang Urban Management Bureau with a supervisory responsibility to analyze and clarify the legal issues that exist, and urge them to perform their duties.

Xinxiang City Procuratorate publicly sent procuratorial suggestions to Xinxiang Urban Management Bureau to help block the risk of loss of state -owned assets.

After receiving the procuratorial suggestion, Xinxiang Urban Management Bureau quickly carried out special rectification actions, comprehensively investigated risk points, strengthened standardized management of all aspects of related work, and ensured that state -owned assets were effectively controlled.

The rule of law is the best business environment. The Xinxiang Procuratorate requires that on the basis of solidly carrying out judicial case handling work, it will do a good job in the "second half of the article" to handle the case, add the rule of law to the rule of law, and escort the overall situation with high -quality procuratorial services. The hospital will optimize the quality and quality of the business environment into the prosecutor's assessment system and the annual work assessment content of the grassroots hospital, and inspect the effectiveness of the work in the assessment at the end of the year; Ask one more sentence and one multi -managing. " The city procuratorate of the city publicly announced that Zhang Mou, who was suspected of traffic accidents, announced his decision not to prosecute, and passed the case to carry out the publicity of laws that Zhang was in the enterprise where he was in the enterprise.

In the case of the case -related business enterprise, Xinxiang Procuratorate also takes the opportunity of the compliance reform of the enterprise involved in the case to help enterprises actively rectify, compliant laws and regulations, to reduce and prevent corporate crimes, promote the development of the rule of law to benefit people's livelihood; Improve service mechanisms such as communication and connection with industry and commerce, legal service platformization, and prosecutor's communication, subcontract more than 150 enterprises, hold 8 seminar for private enterprises, organize 67 companies to send laws to enterprises, visit 213 companies to help solve solutions There are 44 problems, which are recognized by the person in charge of all sectors of society and related enterprises.

Build a "green channel"

"One -stop" serving private enterprises

At the entrance of the 12309 Procuratorate of Xinxiang City Procuratorate, there is a sign, pointing to the "serving private enterprises and protecting the rights of lawyers' rights and interests" next to it. Any complaint case involved in private enterprises will conduct special account records here and timely feedback.

In March 2021, the prosecutor on duty received a letter, saying that Zhang Mou, the person in charge of a private enterprise in Yanjin County, was detained for a special VAT invoice. The agency helped.

The Xinxiang City Procuratorate transferred the letter to the Yanjin County Procuratorate, requiring to protect the local economic development while handling cases in accordance with the law. The Yanjin County Procuratorate organized a public hearing on the case. After repeated discussions, the hearing believed that Zhang had made up taxes in time after the public security organs filed a case, and the enterprise it operated was a large local taxpayer. In the role of boosting, it was unanimously supported by the procuratorial organs to deal with Zhang's prosecution.

After receiving the decision -making decision delivered by the prosecutor, Zhang said, "In the future, I will abide by the law and abide by the law, operate a good company, and contribute to the society ..." At present, the company's operating conditions are in good operation, and it has increased the poverty alleviation of the counterpart. Fund and workers are also at ease.

It is necessary to combat crimes and provide judicial guarantees for enterprises, but also pay attention to the actual demands of the enterprise and help worry about their troubles. This is also the "one -stop" service company concept that Xinxiang Procuratorate has always adhered to. In recent years, the city's procuratorial organs are committed to improving the efficiency of optimizing the business environment and service, establishing a rapid response mechanism for enterprise -related cases, relying on the 12309 Procuratorate to open a "green channel" of enterprise -related cases, and handling and supervising the cases involved in enterprise -related cases. Give priority, quickly, and priority according to law, so that there are recovery and everything.

From case correction to supervision of cases

"Packing" to resolve the contradiction between breeding and farmland protection

"Excuse me, if there are specific questions about the hearing to ask the parties?" On April 2 this year, due to the prevention and control of the epidemic, the Xinxiang City Procuratorate held a public hearing of a series of administrative compensation disputes in the form of video conferences. In 2011, 5 villagers such as Shangmou, Changyuan City built farms on their own arable land. In June 2019, these farms were demolished during the embezzlement of cultivated land in local governments. Farmers such as Shangmou believed that local governments were illegal and filed an administrative lawsuit to the court. After the first trial, the second trial and retrial, the court judged that the town government compensated the 10 yuan/square meter standard. Farmers believe that the amount of compensation is too low, and they come to the procuratorate to apply for supervision.

After a few years of lawsuits, the arable land full of construction waste has also been deserted for several years. Farmland cannot be cultivated, and the contradictions have become more and more intense. The prosecutor had repeatedly visited the investigation and believed that the court's judgment was not improper, and the difficulties of farmers were reasonable. As a result, the Xinxiang City Procuratorate organized a public hearing to promote the town government to adjust the compensation standards on the one hand. On the other hand, persuaded farmers to clean up land and restore farming. In the end, the two parties successfully reached a settlement agreement.

In handling the case, prosecutors also found that similar phenomena are more common in the local area, and 16 people with the same situation as Shangmou are also litigation with the administrative agency. Protecting cultivated land resources is a red line that cannot be compromised, but the blood of farming households will also affect the local business environment. As a result, the procuratorial organs formed a survey report on such cases to submit to the local government to learn from the experience of successfully resolving the administrative disputes such as Shangmou and other people's administrative disputes, and promoted the "packaging" solution of such cases to protect the red line of basic farmland protection. Up to now, the cultivated land occupied by 5 and other 16 people and other 16 people have resumed planting conditions.

After the administrative dispute between Shangmou and other people's administrative disputes, the prosecutor handling the case of the Xinxiang City Procuratorate inspected the clean -up and recovery of the farmland.

In recent years, the Xinxiang Procuratorate has given full play to the "four major procuratorial" functions, carried out special actions for "10,000 people to help 10,000 enterprises", and played an important role in procuratorial supervision in optimizing the business environment. By carrying out the special activities of the development of administrative procuratorial escort market subjects, explore the "five public" resolution mechanisms of public hearing, procuratorial announcement, public review, announcement, and public response, and normalize the substantial resolution of administrative disputes; In supervision, pushing from the past supervision of the incident to the supervision of people and the incident, extending from a case -by -person person to a person, from the correction of the case to the supervision of the case, from a single supervision to a multi -party supervision extension, increased Special supervision of the wrong execution of enterprises and false lawsuits to safeguard the legitimate rights and interests of the enterprise.

Wei Bin: Camping "Li Gui" and the service "Li Yan" walk away

"The procuratorate cracked down on the fake sanitary materials that pretended to be impersonating our brand according to law. Now we have organized the rule of law to promote the legal awareness of corporate personnel. During the "Enterprise" event, the manager of a sanitary material Co., Ltd., a Xinxiang City, who had been involved in the case, told the prosecutor.

In October 2021, Wang Mou forged a group of medical skilled gauze block packaging bags under the company without the company's consent. Shangmou bought this packaging bag from Wang and produced 45 boxes of the brand's medical skilled gauze. In November of the same year, Shang was seized by the staff of the Market Supervision and Administration Bureau on the spot during the delivery.

The case was subsequently transferred to the Procuratorate of the Weibin District for review and prosecution. After review, Wang was suspected of illegal manufacturing and sales of registered trademark marks; Shangmou was suspected of counterfeit registered trademarks with a sales amount of more than 60,000 yuan. Under the interpretation of the prosecutor, the two of them sincerely regretted and pleaded guilty. They voluntarily signed a confession and punishment for conclusion, actively compensated, and obtained the understanding of the victims.

The case is not big, but the impact should not be underestimated. Changyuan City, where the sanitary material company involved in the case, is a larger medical equipment and production base in the country. "Since the case of intellectual property rights in Xinxiang City, in May 2021, we have accepted a total of 67 cases of 67 cases involving intellectual property rights, of which medical masks, medical gauze blocks and other sanitary materials registered trademarks involved in Changyuan City The proportion of criminal crimes exceeds 20%. "Li Jinling, head of the intellectual property handling team of the Procuratorate of Weibin District, introduced.

How to extend the procuratorial function, optimize the business environment, and escort the development of enterprises on the basis of handling cases? The Weibin District Procuratorate actively explored new measures and visited the well -known sanitary material manufacturers to visit the investigation to provide enterprises with intellectual property legal consulting and rights protection guidance services. Function, strengthen the governance of intellectual property infringement.

The intellectual property handling team of the Procuratorate of Wei Bin District visited the sanitary material company in the jurisdiction to provide enterprises with the legal property legal consultation and rights protection services.

"A series of measures for procuratorial organs effectively protect the legitimate rights and interests of enterprises in the field of intellectual property, enhance the development confidence of the enterprise, and contribute to optimizing the business environment of the rule of law." Liang Yan said.

Yuanyang: After the rectification, the diseased pig treatment implementation point -to -point docking

Recently, when the prosecutor of the Yuanyang County Procuratorate visited the county's livestock and poultry harmless treatment company (hereinafter referred to as Company A), he found that the company established and improved a number of harmless treatment systems and posted it on the wall. Greed. Just half a year ago, Company A was also included in the "blacklist" of the procuratorial proposal for rectification for violating the disease. In September 2021, the prosecutor of the hospital found in the visit that there were 32 suspected sick pigs in the Yellow River embankment. It is understood that the 32 -disease dead pigs were temporarily placed by nearby farmers and were waiting for Company A for harmless treatment. "I am afraid that the car's car's car will enter the farm and cause disease infections." It turned out that farmers Zhang rejected the vehicle of Company A's vehicle for safety considerations. In desperation, Company A had to set up an open -air temporary placement point next to the Yellow River embankment.

The prosecutor believes that the temporary placement point is located next to the Yellow River embankment. There are neither a special person or any closed facilities. These sick pigs are likely to be picked up by criminals and flow into the market. They may also pollute the environment and cause major animal epidemic conditions. Moreover, in accordance with relevant laws, disease animal products should be sent to specialized harmless treatment places for treatment. After field investigation and comprehensive consideration, Yuanyang County Procuratorate decided to issue procuratorial suggestions to relevant departments to urge the performance.

"Your unit has a loophole in the supervision of the harmless treatment of livestock and poultry in Yuanyang County, which may harm social public interests." In November 2021, the hospital publicly publicly treated the regulatory department of livestock and poultry. The bureau issued a procuratorial suggestion that it was recommended to improve and complete the harmless processing mechanism, and to rectify the temporary placement point set by Company A.

After receiving the procuratorial suggestion, the county's agricultural and rural bureau set up an investigation team to carry out rectification work. At the same time, the Yuanyang County Procuratorate held a symposium with the bureau many times to jointly study and improve the supervision mechanism. The prosecutor of the hospital also repeatedly consulted the opinions of animal husbandry experts and suggestions to help the county agricultural and rural bureau formulate rules and regulations from the aspects of special vehicles, professional elimination, personnel protection, and staff position responsibilities. Harmicization work.

With the help of the procuratorial organs, Yuanyang County Agricultural and Rural Bureau improved the relevant rules and regulations of the harmless treatment of livestock and poultry, and posted it to the work area of ​​the harmless treatment company in the area.

At present, the temporary placement points of the sick and dead pigs in Yuanyang County have been revoked, and the point -to -point docking of the diseased pigs from the farm to the harmless treatment company is directly connected.

Huixian: The company's fines of illegal addition have been revoked

The company was fined for illegal occupation and was forced to enforce due to failure to pay or apply for reconsideration or lawsuit in time. However, when the court's executive department notified the company to pay a fine, it stated that it would be fined without payment of overdue. Can the court executive department be fined additional? Is there a legal basis? After supervision by the Procuratorate of Hui County, the court had corrected the wrong execution notice in accordance with the law.

In February of this year, the prosecutor of Huixian City Procuratorate inspected the Xinxiang Municipality's administrative law enforcement and administrative procuratorial information sharing platform and found that the court had an error in the company's execution notice, and then investigated.

In 2019, the company did not approve the tourism facilities of land construction, and the Natural Resources and Planning Bureau of Huixian County and the Planning Bureau shall be punished accordingly, ordered it to refund the illegal occupation of land, restore the original state, and pay a fine of 200,000 yuan. However, the company did not pay fines within the statutory period, nor did they apply for administrative reconsideration or filed administrative lawsuits. In May 2020, the Huixian Natural Resources and Planning Bureau applied to the court for compulsory implementation. In June of the same year, the court's executive department notified the company to pay a fine in writing, and the fines of three % of the daily fines will be fined without paying overdue.

Is there a legal basis for the court to punish fines? The prosecutor's inquiry of relevant laws, the subject that has the right to apply the fines of the fines can only be an administrative agency for administrative penalties. The executive department of the court shall be implemented in accordance with the effective administrative ruling made by the administrative organs. Plus fines significantly exceeded the scope of the execution of the administrative ruling, which increased the obligation of the company and belonged to the company's application errors.

On the basis of a comprehensive review and in -depth investigation, in February this year, the Huixian City Procuratorate issued a procuratorial suggestion to the court, suggesting that it was requested to correct the company's obligation to perform a fine in accordance with the law in accordance with the law. The court quickly responded, all adopted the advice of the procuratorial organs, and corrected the wrong execution notice.

The case was selected as a typical case of the second batch of "comprehensive deepening of administrative procuratorial supervision to escort market subjects" in the second batch of Henan Procuratorate.

Get Jia: severe punishment for falsifying bath ticket crimes, and the bathing center regains vitality

The staff of the bathing center forged more than 70,000 bath tickets, with a value of 700,000 yuan, which made more than 60,000 yuan from it. The court of first instance applied for probation and fined 60,000 yuan. After the Jiaxian Procuratorate reviewed the evidence of the entire case and the relevant laws and regulations, he believed that the penalty penalty of 60,000 yuan was significantly lighter, and he filed a protest in accordance with the law. In the end, the court changed a fine of 100,000 yuan.

From 2016 to the end of 2018, Zhang was engaged in boiler debugging at the hot spring bathing center operated by Zhou, and Zhou deducted Zhang's wages with a bath ticket. Due to the large scale of the bathing center, Zhang Mou was quite famous in the nearby villages and towns, and Zhang quickly resold the bath ticket and achieved it. After counting the money, Zhang's heart was born: This bath ticket is not complicated. Why not print some for selling it yourself?

As a result, Zhang found someone on the Internet to engrave the steel seal of the bath center privately, printed a batch of fake bath tickets, and sold the fake bath tickets at a low price to multiple agents in the surrounding streets to make a profit from it. Due to the printing and seals of the bath tickets, it is difficult to find the flaws without carefully identifying the dim lights of the bath center. From December 2019 to March 2021, Zhang Mou forged more than 70,000 bath tickets, and some of them illegally made more than 60,000 yuan from them after sales. Due to the loss of money for the bathing center for years, Zhou found that there were agents who sold bath tickets without their authorization, and the bath tickets sold by these agents were all falsely reported the case. In March 2021, Zhang, who was disturbed, took the initiative to surrender to the Public Security Bureau and refunded 90,000 yuan to Zhou.

After being filed by the Jiaxian Procuratorate, the court sentenced Zhang to three years in prison for fake and resolding for falsifying the cost of falsification, four years of probation, and a fine of 60,000 yuan.

"The amount of tickets for a single bath ticket is 10 yuan, more than 70,000 forged, and the value is more than 700,000 yuan. According to relevant laws and regulations, the amount of falsification and falsification certificate shall be more than five times more than five times. Therefore, the court's decision of 60,000 yuan was obviously improper. "In order to effectively punish the crime, the Jiaxian Procuratorate filed a protest in accordance with the law, and the Xinxiang City Procuratorate supported the protest. The court adopted the prosecutor's response from the procuratorial organs. In view of Zhang, he pleaded guilty and had the first circumstances, and actively refunded the compensation. He obtained the understanding of the victims. He could alleviate the punishment from light or reduced the penalty.

The case was settled, but the prosecutor was still attentive and returned to the bathing center many times to help them establish and improve the daily management and review system to block business loopholes. At the same time, the Jiaxian Procuratorate actively extended the supervision function, and sent prosecutors to go deep into towns and towns to conduct special laws of law general laws for SMEs and industrial and commercial households.

(Prosecutor's Daily Liu Lixin Liu Nan Li Rui Sun Fang Cui Liying Mao Pei Pei Xiaoxia Huang Dragon King Xijing)

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