Service guarantee optimize the "lifeline project" of the business environment!Changde City Procuratorate issued 22 measures
Author:Changde All -Media Time:2022.08.11
In order to thoroughly implement the requirements of the Changde Municipal Party Committee, fully fulfill their procuratorial functions, and further create a business environment of the rule of law with peace of mind, reassuring investment, and focusing on entrepreneurship, on August 4, the Changde People's Procuratorate issued the "Regarding service guarantee to ensure the optimization of the business environment Several measures (hereinafter referred to as "Several Measures").
A total of 22 contents of 5 parts of "Several Measures", from creating a rule of law environment that is favorable for the business of market subjects, accurately grasping the boundaries of legal and policy, effectively maintaining the order of production and operation, fully fulfilling the legal supervision function, and strengthening work mechanism guarantee. The hard measures for the series of pragmatic management are required that the city's procuratorial organs are required to fully fulfill their procuratorial functions and serve the "lifeline project" of the business environment.
Create the rule of law environment that is beneficial to market subjects entrepreneurship
1. Adhere to the principle of equality protection. Adhering to the objective and fair stance, the property rights and independent management rights of various market entities are equally protected in accordance with the law, and local enterprises and foreign enterprises, large and medium -sized enterprises, and small and micro enterprises are equally treated.
2. Adhering to the two -way protection concept of equity. Crudely balanced the crime involving cases between enterprises and workers, carefully grasped the boundaries and non -crime of behavior of stimulating salary, work injury fraud, carefully handled the case of labor disputes, and established a healthy and harmonious labor relationship.
3. Continue to promote the positive energy of the rule of law. Actively carry out the activities of "sending the law into the enterprise", actively invite enterprise representatives to participate in the trial and public hearing activities, strengthen legal documents, explain the law of the parties, and publicize the law of the law, and promote the development of the concept of management in accordance with the law.
Accurately grasp the boundaries of legal and policy
4. Strictly distinguish between crime and non -crime, personal crime and unit crime. If the provisions of law and judicial interpretation are unclear, the crime and non -crime limit are unclear, it is not treated as criminal treatment. If the law does not clearly stipulates the criminal responsibility of the unit, it shall not investigate the criminal responsibility of the enterprise by the unit's crime.
5. Implement less caught and prosecutor's criminal judicial policies.
6. Cases of bribery crimes in accordance with the law.
7. Actively carry out the pilot reform of corporate compliance reform. Establish a third -party supervision and evaluation mechanism, and cooperate with relevant units to urge enterprises involved in the case to establish a risk prevention and control system, promote the enhancement of case compliance to industry compliance, and strive to achieve "handling cases together, helping a group of enterprises, and regulating an industry."
8. Prudential application of restrictions on property rights in accordance with the law.
9. Promote optimization of criminal execution methods. For emergency affairs such as the person in charge of the corporate and key positions in the detention, the personnel who need to handle work transfer and sign important contracts shall provide convenience or coordinate other organs to allow them to handle it in appropriate way without affecting the case handling.
Effectively maintain the order of production and operation
10. Always maintain a high pressure of crime. Deepen the anti -crime struggle, focusing on cracking down on criminal acts such as violent debt collection, bullying market, and strengthening projects.
11. Strictly punish the crime of bribery.
12. Comprehensively promote comprehensive judicial protection of intellectual property rights. For enterprises that are insufficient in litigation and are difficult to effectively protect their rights by their own strength, they support their legal rights to provide their legal civil rights by providing legal consultation, helping evidence, and issuing opinions.
Fully fulfill the legal supervision function
13. Strengthen criminal filing supervision. Give full play to the functions of investigation, supervision and collaboration and cooperation, and focus on supervising and correction with criminal means to intervene in civil disputes, economic disputes, or use criminal cases to implement retaliation, extortion, and other illegal benefits.
14. Strengthen criminal investigation and trial supervision. The key supervision and correction of the judgment organs in identifying the facts, evidence of acceptance, and applicable laws are indeed wrong, and there are obvious damage to the enterprises involved in the case. Continue to promote the cleanup of criminal lawsuits in the Camp -Camp enterprises.
15. Strengthen the supervision of civil administrative litigation. Explore the supervision of administrative violations, and pay special attention to the supervision of administrative violations such as market supervision, tax management, market access, business permission, and safety production supervision.
16. Take pragmatic and effective public welfare restoration measures in accordance with the law. When claiming ecological restoration costs and punitive compensation to relevant enterprises, explore methods such as extended payment period, installment payment, and replacement repair, etc.
Strengthen work mechanism guarantee
17. Establish and improve the assessment mechanism for the impact of case handling. Implement the "one case, one assessment", comprehensively evaluate the impact and extent of the development of case handling work on the development of enterprises, carefully select the timing and method of handling the case, make careful procuratorial decisions, and carefully release news information about enterprise cases.
18. Improve the rapid case handling mechanism of the market -related subject case. Actively apply criminal tailoring and simple procedures in accordance with the law, and resolutely prevent long -term retrieval and long -term delay.
19. Improve the corporate petition processing mechanism. For accusations and appeals that reflect the legitimate rights and interests of the corporate and enterprise operating managers, it is given priority, and the personnel responsibility, handling supervision, and notifying the feedback mechanism are implemented.
20. Establish a private entrepreneur to directly meet the prosecutor system. The relevant departments of the procuratorate must give a reply within three working days from the date of receipt of the application to inform the chief prosecutor who meets the time, place and the appointment.
21. Improve the case quality evaluation mechanism. A "one -vote veto" affects major issues of optimizing the business environment.
22. Improve the communication and collaboration mechanism with the Federation of Industry and Commerce.
Source: Changde Procuratorate
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