China News Service, Beijing, March 8th, "A case is worth a dozen documents."
"Through a series of judicial judgments, encourage advocating heroes, helping neighbors, helping others, volunteering, and monitoring by public opinion, never make concessions to tyrants, never tolerate bad habits, and let the general public know what the rule of law society advocates and what it opposes. , what is forbidden."
On the morning of the 8th, the second plenary meeting of the Fifth Session of the 13th National People's Congress was held to hear the work report of the Standing Committee of the National People's Congress and the work report of the "two highs". The work report of the Supreme Court included four typical cases of "no responsibility".
Four types of cases are not liable
Hearing the case of a girl who is helpful to others and causes injury, it is judged that there is no responsibility for helping others in good faith.
Hearing the claim of the community security for sending the elderly to medical treatment, and dismissed the unreasonable claim for compensation.
Trial the case of the trafficker's escape and fall injury claim, and ruled that the chaser was not responsible.
In the trial of the high-speed rail Bapu case, it was judged that there was no need to take responsibility for exposing uncivilized behavior in public places.
Strive to prevent enterprises from getting into trouble due to cases
In the work report of the Supreme People's Procuratorate, the Supreme People's Procuratorate stated that it is necessary to prevent enterprises from getting into trouble due to the case, and continue to implement the proposal for the application of probation to the person in charge of the enterprise involved in business-related crimes. and other prosecutorial policies.
The data shows that the non-prosecution rate for crimes involving enterprises and other units was 38%, a year-on-year increase of 5.9 percentage points.
A private enterprise in Hubei was involved in a business crime, and the procuratorial organ urged it to make rectification in compliance with the case. Six months later, it was strictly evaluated and confirmed by a third party to be qualified, and it was decided not to prosecute in accordance with the law.
After the rectification of the enterprise, the production and operation are on the right track, with an additional investment of over 100 million yuan and employment of hundreds of people.
Enterprise-related cases have been "suspended" for a long time, and the investigation has been unsuccessful, and the suspected crime has never been
In response to some enterprise-related cases that have been "suspended" for a long time, whether they should be closed or not, the Supreme People's Procuratorate and the Ministry of Public Security have continued to clear 9,815 cases since 2019, and resolutely implement suspected crimes for those with insufficient evidence and ineffective investigations. From no time, 8707 cases were supervised and completed, and the vitality of the enterprise was released.
The Ministry of Commerce and Justice has conducted pilot projects in 11 provinces, autonomous regions and municipalities including Tianjin, Chongqing, and Sichuan, allowing community corrections subjects to temporarily go to other places to engage in production and business activities.
Flexible supervision is integrated into trust, which is more conducive to transformation and development.
The Supreme People's Procuratorate stated that starting from 2020, the pilots of compliance reform of the enterprises involved in the case will be launched in 10 provinces and cities. Those involved may not be arrested or prosecuted according to the law, and the enterprises involved will be instructed to make compliance commitments and make practical rectifications.
In the process of advancement, the Supreme People's Procuratorate has jointly established a third-party supervision and evaluation mechanism with eight departments including the Ministry of Justice, the State-owned Assets Supervision and Administration Commission of the State Council, and the All-China Federation of Industry and Commerce, and established an independent third-party mechanism management committee to strengthen the implementation of supervision.
If the third-party assessment finds that the commitment is violated and the rectification is invalid, a public prosecution will be filed in accordance with the law to prevent evasion of criminal sanctions by false compliance.
Enterprise compliance, strict management, and the implementation of a law-based business environment are more conducive to promoting healthy economic development and endogenous social stability.
This year has been deployed to fully roll out the reform.
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