Chinanews.com, July 23. The Supreme People’s Procuratorate recently issued the "Opinions on Giving Full Play to the Procuratorial Function to Serve the "Six Stability" and "Six Guarantees" (hereinafter referred to as the "Opinions"), which put forward 11 specific measures and required key points Punish crimes that hinder the resumption of work and production, hinder the prevention and control of epidemics, cyber crimes, illegal lending, and "routine loans" that undermine the resumption of work and production and economic and social development; at the same time, highlight the judicial protection of minors and continue to promote the "No. 1 Prosecution" The “recommendations” are implemented to increase efforts to crack down on crimes against left-behind children and children in need in rural areas.
Data map: Supreme People's Procuratorate. Photo by China News Agency reporter Li Huisi
The "Opinions" pointed out that it is necessary to implement the requirements for accelerating the restoration of production and living order under the conditions of normalization of epidemic prevention and control, and focus on punishment for hindering the resumption of work and production, hindering epidemic prevention and control, cyber crime, illegal lending, and "routine loans" that disrupt work and resumption of production. And economic and social development crimes, creating a stable social environment for the “six stability” and “six guarantees”. It is necessary to take the opportunity of studying and implementing the Civil Code, adhere to the rule of law thinking and method of rule of law, actively promote the resolution of epidemic-related conflicts and disputes, and maintain social harmony and stability.
The "Opinions" require that the normal production and operation activities of enterprises be protected in accordance with the law and the judicial protection of intellectual property rights should be strengthened. Strictly prosecute crimes of occupation of office, bribery of non-state staff, and embezzlement of funds in accordance with the law, and comprehensively consider the impact of their criminal behavior on the operation and development of private enterprises, business reputation, internal governance, and external environment, and provide accurate sentencing recommendations.
Handle loan crimes carefully in accordance with the law, fully consider the actual situation of enterprises' "financing difficulties" and "financing expensive", and reasonably judge the harmfulness of the borrower's behavior. Handle criminal cases of refusal to pay labor remuneration carefully in accordance with the law, and pay attention to grasping the boundary between arrears of labor remuneration due to difficulties in capital turnover and malicious arrears of wages. Strictly grasp the legal and policy boundaries of new types of cases involving enterprise production and operation, innovation and entrepreneurship, and for enterprise innovative products that are difficult to correspond to existing national standards, substantive assessments should be made to prevent simplification of "checking in." Efforts will be made to protect intellectual property rights in the fields of diagnostic testing technology, medical respiratory protection products, vaccine development and other fields related to epidemic prevention and control in accordance with the law. Focus on cracking down on serious infringement and counterfeiting crimes involving high and new technology, key core technologies, as well as network infringement, chain industrialization and organized infringement. Intensify the crackdown on crimes of infringement of trade secrets by theft, inducement, fraud, coercion, electronic intrusion or other improper means. Properly handle cases of suspected duty crimes by scientific researchers in accordance with the law.
The "Opinions" require that crimes that undermine the order of financial management be punished in accordance with the law and maintain a legalized business environment conducive to opening up. Strictly prosecute the fraudulent issuance of stocks and bonds, illegal disclosure, non-disclosure of important information, and provision of false certification documents and other crimes in the "full chain" in accordance with the law, and fully implement the "zero tolerance" requirements for illegal crimes in the capital market. Severely punish criminals in the name of Internet finance for illegally absorbing public deposits, fund-raising fraud and other crimes, and strictly prosecute organizers and leaders.
Increase efforts to punish money laundering crimes. Punish all kinds of crimes that infringe upon the legitimate rights and interests of foreign investors and foreign-invested enterprises, disrupt investment order, and hinder project progress in accordance with the law, and ensure the smooth implementation of the Foreign Investment Law. Punish in accordance with the law the use of foreign trade contract fraud, false export tax rebates, tax deduction invoices, fraudulent export tax rebates, smuggling, foreign exchange evasion and foreign exchange fraud in foreign trade operations. Handle corporate tax-related cases carefully in accordance with the law.
The "Opinions" emphasized that efforts should be made to provide judicial guarantees for the decisive victory over poverty alleviation and actively promote grassroots governance in accordance with the law. Highlight the judicial protection of key areas and vulnerable groups, severely punish corruption crimes that infringe on the vital interests of the people in accordance with the law, and strengthen the rapid return of property involved in the poverty alleviation field in accordance with the law. If the conditions for rapid return are met, a decision shall be made in accordance with the law and the property involved shall be returned to the victim within five days. The infringed individual or unit. Highlight judicial assistance to groups in need. For serious violent crimes that cause serious injury or death to the victim, or where the victim’s family becomes impoverished or returned to poverty due to the case, judicial assistance shall be given promptly and proactively based on the specific circumstances of the case.
Highlight the judicial protection of minors, continue to promote the implementation of the "No. 1 procuratorial recommendation", and increase the crackdown on crimes against left-behind children in rural areas and children in difficulties. Severely punish "flies and greed" and "ant greed", severely prosecute the crimes of corruption and bribery that occur at the grassroots level and have a bad influence, especially the crimes of asking for bribes, and severely punish "village tyrants" and clan evil forces. Crimes that violate civil rights and impair judicial justice. Promote the substantive resolution of administrative disputes, promote grassroots administration according to law, and improve public service capabilities by promoting reconciliation, public hearings, judicial assistance, and legal interpretation.
The "Opinions" specifically pointed out that to implement the judicial concepts of "less arrests", "less detentions" and "cautious litigation", and to adopt more flexible and pragmatic judicial measures in a reasonable manner in accordance with the law. Persist in not arresting those who can not be arrested in accordance with the law, and focus on acknowledging guilt and punishing criminal suspects, actively resuming work and production, carrying out production and self-rescue, and striving to ensure employment as important considerations for reviewing and judging whether there are social risks. Actively explore and summarize the experience in the application of non-custodial compulsory measures, earnestly perform the duties of reviewing the necessity of detention, and reduce unnecessary detention. Insist on non-prosecution that can not be prosecuted in accordance with the law, gradually expand the application of discretionary non-prosecution in cases of guilty plea, and at the same time prevent it from being released after non-prosecution.
Compulsory measures involving property should be applied carefully, and in principle, no measures of seizure, seizure, or freezing should be taken for all types of enterprises suspected of crimes but still in normal production and operation. Optimize judicial measures in the execution of penalties, expand the application of parole for prisoners involved in enterprises, provide necessary convenience for personnel of private enterprises receiving community corrections to engage in related production and business activities, and simplify the approval process. Properly adopt judicial measures for public interest litigation cases, carefully use measures that affect the survival and normal production and operation of enterprises involved in the case, and explore methods such as installment payments and alternative repairs to encourage relevant enterprises to accept punishment, operate in compliance with the law, and develop healthily.
The "Opinions" emphasized the need to increase legal supervision of various cases involving private enterprises. Strengthen case filing supervision, focus on correcting prominent problems involving corporate crime cases, such as whether a case should not be filed or not, and resolutely prevent and correct various illegal acts such as intervening in civil disputes and economic disputes in the name of criminal cases. Intensify efforts to clean up criminal lawsuits involving private enterprises and promote the establishment of long-term mechanisms to safeguard the legitimate rights and interests of enterprises and parties. Strengthen the supervision of non-litigation execution of administrative affairs involving enterprises to prevent enterprises from falling into production and operation difficulties due to improper enforcement measures. Strengthen the handling of complaints and complaints, and conduct centralized clean-up and unified management of complaints and complaints involving private enterprises, so that there are responses to each and everything is done.