The State Supervision Commission issued the first guiding document for the identification of duty-related crime entities to supervise and enforce the law to regulate the application of law in cases of dereliction of duty by state-owned enterprise managers
Central Commission for Discipline Inspection and State Supervision Commission website Lu Lihuan
Recently, the State Supervision Commission, on the basis of conducting in-depth research in conjunction with the Supreme People's Court and the Supreme People's Procuratorate, studied and drafted the "Opinions on Several Issues Concerning the Application of Law in Handling Criminal Cases of Malfeasance by State-Owned Enterprise Managers" (hereinafter referred to as the "Opinions"), and Officially issued and implemented.
The "Opinions" issued this time are an important measure to thoroughly implement the deployment requirements of the Sixth Plenary Session of the 19th Central Commission for Discipline Inspection on deepening the anti-corruption work of state-owned enterprises. For outstanding problems such as enterprise eating enterprise and "shadow company", we adhere to the main tone of strictness and unswervingly, punish corruption with a zero-tolerance attitude, and effectively promote the high-quality development of state-owned enterprises with the actual results of party style and clean government construction and anti-corruption work.
The "Opinions" adhere to the party's centralized and unified leadership of anti-corruption work, based on the overall situation of promoting the anti-corruption work of state-owned enterprises to achieve greater results and promoting the high-quality development of disciplinary inspection and supervision work, closely follow the actual situation of supervision, law enforcement and criminal justice work, and focus on solving practice On the application of laws that are prominently reflected in and are highly controversial, we will integrate upholding discipline and anti-corruption with deepening reforms, improving systems, and promoting governance. It is of great significance to unify law enforcement and judicial standards, cooperate with each other and effectively connect.
The "Opinions" is the first supervision and law enforcement guidance document issued by the State Supervision Commission for the identification of duty-related crime entities.
The "Opinions" are based on the "Supervision Law of the People's Republic of China", "Criminal Law of the People's Republic of China", "Company Law of the People's Republic of China" and other national laws. The legal application of 4 types of cases, including the crime of dereliction of duty by company and enterprise personnel and the crime of abuse of power by state-owned companies and enterprise personnel, mainly clarifies and resolves the prosecution standards, the subject of the crime, the place of the crime, the "loss of national interests", and the post-recovery disposal, crime issues such as the criteria for determining the composition.
In addition, the State Supervision Commission will continue to work with the Supreme People's Court and the Supreme People's Procuratorate to carry out investigation and research on other issues discovered in the investigation and other crimes involving state-owned enterprises, and further summarize experience in work practice.
In order to implement the "Opinions", the National Supervisory Commission issued a special notice, requiring supervisory organs at all levels to study hard, consciously implement them in the handling of criminal cases of dereliction of duty by state-owned enterprise managers, and strengthen cooperation with procuratorial and judicial organs. , to ensure that the handling of cases achieves an organic unity of political, disciplinary and social effects.
"Supervisory organs at higher levels should effectively strengthen business guidance to subordinates, carefully organize and carry out training based on the actual work of the region (unit), timely study and solve new situations and new problems encountered in practice, summarize experience in handling corruption cases in state-owned enterprises, and draw inferences from one case to another. Instruct the lower-level supervisory organs to handle the case well." The comrade in charge of the Case Trial Office of the Central Commission for Discipline Inspection and the State Supervision Commission introduced.