Supreme Procuratorate: Actively create a multi -measure of the business environment of the rule of law and implement the protection of equality of the private economy

Author:Securities daily Time:2022.07.19

On July 18, the Propaganda Department of the Central Committee of the Communist Party of China held a series of theme press conferences of the "Ten Years of China". Based on procuratorial functions, the agency actively creates a business environment for rule of law.

Specifically, including: increase the punishment of crime in the economic field. From 2013 to June this year, there were 1.03 million crimes to destroy the market economy order. Deepen intellectual property criminal, civil, and administrative procuratorially performing duties and comprehensive protection, and service innovation -driven development. In 2021, 14,000 cases of violations of intellectual property rights were prosecuted, an increase of 59.3%over 2013. Establish a procuratorial office in the China Securities Regulatory Commission to help the healthy development of the capital market. Explore the pilot reform of corporate compliance reform involved in the case, while urging the compliance commitment and actively rectify the compliance commitment and actively rectify the cases that are not arrested or not complained in accordance with the law. , Prevent "the case, the factory is collapsed," a group of enterprises involved in the case were reborn and on the track of operating in accordance with laws.

"The procuratorial organs are responsible for creating a better business environment for the rule of law." Zhang Xiaojin, director of the Fourth Procuratorate of the Supreme People's Procuratorate, said that in recent years, the procuratorial organs have fully implemented the new development concept and actively implemented the protection of equal protection of the private economy.

The first is to successively introduce multiple standardized documents to protect the legitimate rights and interests of private enterprises. The Supreme Procuratorate has successively formulated and implemented a number of opinions and measures such as "guaranteeing and promoting the healthy development of non -public ownership economy", "strengthening the protection of property rights", "to create a rule of law environment for the rule of law and interest in the legal rights and interests of entrepreneurs". In November 2018, the Supreme Procuratorate sorted out 11 law enforcement judicial standards for regulating cases involved in business -related enterprises. In July 2020, the highest prosecution issued the "Opinions on Giving full play to the" Six Stability "and" Six Insurance "of the Procuratorial Functional Services Sales Guarantee", which made special deployment of enterprises.

The second is to securely handle criminal cases involved in the CCP enterprises in accordance with the law. On the one hand, in accordance with the law, we severely crack down on duty occupation, embezzlement of funds, infringement of intellectual property rights, and other crimes that affect the development of private economy and infringe on entrepreneurial property rights, innovation rights, and autonomy. Involved in civil disputes and other means to seek illegal interests, affect the business environment, and endanger the survival and development of private enterprises. On the other hand, in the process of handling the person in charge of private enterprise, operating managers, key technical personnel, etc., the characteristics of the development of private enterprises are fully considered, and they are adhered to less in accordance with the law. If you caught, can not complain, and make a proposal to apply a gentle sentencing proposal if you can not complain. The applicable measures to restrict property rights such as seizure, seizure, and freezing are also more prudent in accordance with the law.

The third is to deepen litigation supervision of criminal cases involving enterprises. For a period of time, the case -related cases have been "hung" for a long time, and it should be unsuccessful or withdrawal. From 2019, 9,815 cases have been cleaned up with the Ministry of Public Security. Suspected crimes, urging 8,707 cases, and corporate vitality was released. In recent years, the procuratorial organs have also continued to carry out special cases involving non -public economic cases, and accused the claims of the cleanup and supervision activities of appealing cases. In May 2021, the special supervision pilot was deployed, and the objective correction targets of private enterprise communities were allowed to go to business activities temporarily.

"Especially, in order to give full play to the advantages of procuratorial functions and serve the high -quality development of the economy and society, the procuratorial organs innovated the research and pilots involved in the corporate compliance reform. Make a compliance commitment and actively rectify, which not only promotes the laws and regulations of the enterprise involved in the case, but also warn those enterprises that have potentially lack of regulatory constraints to develop discipline. "Zhang Xiaojin said that in 2020 and 2021, the highest prosecutor's continued deployment and two pilot pilots of the two phases of reforms were carried out in two phases of reforms. In early April of this year, the deployment of the pilot pilot will be fully launched. At present, 12 departments such as the State -owned Assets Supervision and Administration Commission of the State Council and the National Federation of Industry and Commerce have jointly established a third -party supervision and evaluation mechanism. In the case of the case involved in the case, procuratorial organs in various regions insist on integrating with the third -party mechanism. As of the end of June this year, the national procuratorial organs have handled a total of 2,382 compliance cases, of which 1,584 cases applying for third -party mechanisms. For 606 companies with rectification compliance, 1159 people made decisions of non -prosecution in accordance with the law and achieved good results.

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