The rule of law is warm and powerful, and enterprises increase confidence and vitality
Our reporter Jin Xin "People's Daily" (page 19 on April 21, 2022)
"The rule of law is the best business environment." To implement the new development concept and realize the transformation of the economy from high-speed growth to high-quality development, we must adhere to the rule of law as the guide, and give full play to the important role of the rule of law in consolidating fundamentals, stabilizing expectations, and benefiting the long-term.
From helping to build an honest market environment and stable development expectations, to continuously improving the legalization of intellectual property protection to stimulate and protect innovation, to building a legal protection barrier for enterprise development to prevent and defuse risks... A series of more scientific, accurate and effective law enforcement and judicial policy measures , and made positive contributions to maintaining a stable and healthy economic and social development environment.
Starting from this issue, we have launched a series of reports on "Serving High-Quality Economic and Social Development with High-Quality Rule of Law", showing the vivid practice of the rule of law escorting high-quality development.
--editor
Affected by the epidemic, the always busy Dalian Port has such a scene: thousands of imported cold chain container goods are stranded, and both the shipping company and the consignee believe that the other party should bear the container overdue usage fee.
For a time, the Dalian Maritime Court received multiple applications for maritime injunctions, requesting to compel the shipping company to deliver the goods immediately.
Under the premise of fair justice, how to seek the best solution from the perspective that is most beneficial to the production and operation of enterprises?
The court finally decided to innovate and adopt the method of "pre-litigation mediation + maritime injunction + judicial advice", which quickly solved the urgent needs of many cold chain enterprises.
Market entities are an important foundation for stabilizing the fundamentals of the economy.
For a period of time, the market environment with integrity has been continuously improved, the construction of a government governed by the rule of law and the construction of a government with integrity has been further promoted, and the pilot program of corporate compliance reform has been rolled out in an all-round way... All localities and departments have comprehensively used the rule of law to make enterprises feel the temperature of the rule of law and enhance their confidence in development.
The rule of law leads -
Build an honest market and optimize the business environment
"Currently, the development of enterprises is under pressure. If the credit cannot be maintained in the market environment and the payment cannot be collected in time, the development of the enterprise will be greatly affected." Pang Yonghui, chairman of a company in Hebei Province, said, "Stop dishonest behavior in time and maintain market credit. , very important.”
Such expectations are being realized step by step in reality.
"Promote the construction of the social credit system to be fully integrated into the track of the rule of law, standardize and improve credit measures in various fields and links, and effectively protect the legitimate rights and interests of various entities."
"Strengthen the construction of a government governed by the rule of law and a government with integrity, and perform the contract in good faith in accordance with the law in activities such as government-social capital cooperation and investment promotion, so as to enhance investor confidence."
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A few days ago, the Central Office and the State Office issued the "Opinions on Promoting the Construction of a Social Credit System with High-Quality Development and Promoting the Formation of a New Development Pattern".
Promoting the construction of a social credit system by means of the rule of law and building a market environment of integrity are the important contents.
"The release of the "Opinions" has drawn a blueprint for the construction of a social credit system from a macro perspective, so that enterprises have more confidence in the construction of integrity in the market." said Yang Shuyu, head of a trading company in Beijing.
One outline and ten thousand eyes.
In the past period of time, various localities and departments have issued corresponding normative documents one after another, emphasizing the construction of a government governed by the rule of law and an honest government, promoting the construction of a social credit system to be fully integrated into the track of the rule of law, and truly optimizing the business environment.
The government of the Inner Mongolia Autonomous Region issued an implementation plan to strengthen the construction of government integrity in order to give full play to the government's exemplary role in the construction of integrity; the Harbin Municipal Government of Heilongjiang Province issued a number of normative documents, proposing to build a government ruled by law, a government of integrity, and to develop untrustworthy market players The credit repair action, the first to carry out "promise is repair", to achieve "zero errands" in credit repair, etc.; Jiangxi provincial government issued an announcement on collecting clues to the problem of "new officials ignore old accounts"...
The power of the judiciary is indispensable for the actual implementation of legal norms.
Over the past period of time, courts across the country have stepped up punishments for evading and resisting enforcement actions, and have pushed for more effective special enforcement actions for the people.
"The company really has no money and can't pay for the project, why don't you wait?" Wang received such a reply after fulfilling the construction contract with an industrial company in Jiangsu Province.
Wang sued in the People's Court of Suining County, Jiangsu Province.
After winning the case, the company still did not fulfill the effective judgment.
Wang then applied for compulsory execution.
The Suining court immediately issued an enforcement notice and a credit notice to the industrial company, and in accordance with the relevant documents issued by Suining County, included the company on the "Untrustworthy Yellow List".
Companies included in the "Untrustworthy Yellow List" will be subject to various restrictions in financing, bidding and other aspects.
After receiving the enforcement notice and the credit notice, the company immediately went to the court to explain the situation, saying that due to the impact of the epidemic, it was difficult for the company to pay back, and signed a credit commitment letter.
After review, the Suining court confirmed that what it said was true, so it agreed to suspend the execution for one month.
Soon, the company put the money into the special account for execution funds as agreed.
"In recent years, the relevant system of punishment for dishonesty has been continuously improved, which has played a good role in supervising and keeping promises, and effectively maintained a market environment of integrity." The relevant person in charge of the Higher People's Court of Jiangsu Province said.
Judicial Innovation——
Avoid opening a case and destroying a business
"In judicial practice, if the person in charge of some enterprises is taken criminal measures, they will not be able to operate normally," said Zhang Feng, chairman of a technology company in Hubei Province. Bankruptcies and layoffs of workers will help stabilize market confidence.”
In response to such reflections, national procuratorial organs responded in a timely manner: the pilot work of compliance reform of the enterprises involved in the case was comprehensively launched.
A company in Shenzhen, Guangdong Province is a leading enterprise in the domestic fruit industry.
In the process of importing fruit customs declaration, the company made a fake purchase contract for customs declaration based on the false "guide price" issued by the customs declaration agency, and the customs declaration price was lower than the actual cost price.
Soon, the relevant persons in charge of the company, Zhang Moumou and Qu Moumou, were arrested and brought to justice.
Subsequently, the Shenzhen Customs Anti-Smuggling Bureau transferred the company, Zhang Moumou, etc. to the Shenzhen Procuratorate for review and prosecution on suspicion of smuggling ordinary goods.
"It is easy to deal with crimes in accordance with the law, but if such a leading company in the industry is in business difficulties or even goes bankrupt because the company and its principal are punished, it will have a major impact on the development of the industry." The relevant person in charge of the Shenzhen Procuratorate said.
In March 2020, at the suggestion of the Shenzhen Procuratorate, the company launched a one-year compliance rectification of its import business.
"After previous compliance rectification, our company has established a compliance management committee at the group level, and the compliance department, internal control department and audit department have formed three lines of defense for compliance risk management." The relevant person in charge of the company said that the company also hired Professionals from law firms and accounting firms in the field of import compliance provide professional opinions on key legal risks and their preventive measures.
In the end, the company was reborn, and in 2021, it was rated as a "3A" credit enterprise and a demonstration enterprise of integrity and compliance in Bao'an District, Shenzhen.
In order to avoid handling a case, destroying an enterprise, and laying off a group of employees, the Supreme People's Procuratorate has successively launched pilot compliance reforms for companies involved in 442 procuratorates in 10 provinces since 2020. , while not prosecuting or proposing a lighter sentence, urge the companies involved to make compliance commitments and implement compliance rectification, so as to be both "loving" and "strict management".
A bank in Sichuan Province petitioned the Chongqing Higher People's Court to execute and seized two real estate projects of a real estate company with a total value of 180 million yuan.
However, the enforced enterprise could not afford so much money to repay at the moment.
If carried out according to the normal procedures, it may lead to the bankruptcy of the enterprise.
Once the enforced enterprise goes bankrupt, the remaining debts will be completely unrepayable, and there may also be a series of chain reactions such as the inability of homebuyers to get the house.
In order to prevent the plaintiff and the defendant from losing both sides, the collegial panel presided over the mediation of both parties for many times, and finally decided to adopt rolling unblocking: for the first unblocking of 50 houses in the real estate project, part of the unsecured financing will be used to repay the debt, and the other part will be used for the follow-up project of the executor company. building.
The proceeds from the completion of subsequent project construction will continue to be used to repay debts.
"Thanks to the court for giving us the opportunity to regenerate, and we will definitely repay the debt as soon as possible." The relevant person in charge of the company involved in the case said.
According to reports, in 2021, the national court system will continue to serve the "six stability" and "six guarantees", properly handle labor disputes caused by the epidemic, purchase and sales contracts, and shop leasing, and conclude 142,000 epidemic-related civil and commercial cases.
Improve service——
Always be there for anything, never disturb anything
"Thank you so much! You actually took the initiative to come to the door to do the formalities for us!"
The staff of a company in Tongliao City, Inner Mongolia Autonomous Region took over the filing materials and thanked them continuously.
Not long ago, the company's technical personnel information changed, and the police asked the person in charge to go to the public security organ to file the personnel information again.
Due to epidemic prevention and control and other reasons, relevant personnel have not been able to go to the Public Security Bureau for the record.
In order to enable enterprises to operate legally and compliantly as soon as possible, the police took the initiative to "deliver" services to their doorsteps, so that enterprises could run less errands.
In the past period of time, in order to serve the market players well, the public security organs have taken the initiative to go deep into the front line of enterprise operations and focus on solving difficult and hot issues reported by enterprises.
"I'm always on call when I have something, and I won't disturb anything." Political and legal agencies, especially law enforcement agencies, try to minimize the interference of unreasonable and unnecessary law enforcement actions on the normal business activities of enterprises in the process of serving market entities.
In March 2022, the Yunnan Provincial Public Security Bureau formulated 20 measures to optimize the business environment.
Among them, it is clearly proposed to establish a "no disturbance" mechanism for enterprises to reduce unnecessary inspections, penalties and other interventions in business operations.
In Tianjin, the public security organs have formulated a working mechanism of "no disturbances" for public security law enforcement inspections, scientifically arranged the frequency of inspections, and focused on solving the problem of repeated inspections and multiple law enforcement.
At the same time, the Tianjin Municipal Public Security Bureau also formulated and issued the "List of Exemptions from Penalties for the First Minor Administrative Violations of Market Entities", grasping the principle of combining leniency and strictness, and minimizing the impact of law enforcement activities on the normal production and operation activities of market entities.
In Beijing, the "6+4" integrated comprehensive supervision reform pilot was launched, and innovative supervision models such as "one industry, one evaluation" were implemented on a pilot basis in 9 industries such as medical care, elderly care, and catering, and the frequency of corporate credit ratings and law enforcement random checks linked to proportions, etc.
"Reasonable system design and scientific innovations allow government supervision to be both 'undisturbed' and 'everywhere', and promote the optimization of the business environment." said the relevant person in charge of the Beijing Municipal Bureau of Justice.