On December 29, 2023, the Seventh Meeting of the Standing Committee of the 14th National People's Congress deliberated and passed the Twelfth Amendment to the Criminal Law, which will come into force on March 1, 2024. In order to accurately grasp the spirit of the amendment of the criminal law and ensure the correct application of the law, our reporter recently told Xu Yong'an, Deputy Director of the Criminal Law Office of the Legal Work Committee of the Standing Committee of the National People's Congress, Ma Yan, Member of the Judicial Committee of the Supreme People's Court and Chief Judge of the Second Criminal Trial Tribunal, Gao Jingfeng, Director of the Legal Policy Research Office of the Supreme People's Procuratorate, and Sun Ping, Deputy Director of the Legal Affairs Bureau of the Ministry of Public Security, An exclusive interview was conducted on legislative and judicial law enforcement issues such as insisting on the joint investigation of bribery and punishment of corruption crimes committed by internal personnel of private enterprises in accordance with the law.

Reporter: How does the Criminal Law Amendment (XII) reflect the increased punishment of bribery crimes, and how can we accurately grasp it in law enforcement and justice?

Xu Yong'an: Corruption governance is a long-term and systematic project, and it is one of the key issues that criminal legislation has been focusing on. In order to implement the decisions and arrangements made by the Central Committee of the Communist Party of China, in recent years we have continuously improved the criminal legal system against corruption and increased punishment. With regard to corruption governance and bribery crimes, we need to deeply realize that "hunting" party members and cadres by bribe givers by all means is an important reason for the current increase in corruption. Bribery and bribery are one and two sides. "hunting" by bribe givers is an important "pollution source" of the political ecology. Bribery can not help but continue to take bribes. There is a weak punishment of bribery in current practice, and there is still a certain gap between the investigation and punishment of bribery crimes and the expectations of the people. It is necessary to further play the important role of criminal law in the integrated promotion of the system and mechanism of "dare not corrupt, can not corrupt, do not want to corrupt". The Criminal Law Amendment (IX) passed in 2015 amended and improved the bribery crime, further organized the legal network and increased the punishment. The Criminal Law Amendment (XII) passed this time made another important amendment to the bribery crime on the basis of the Criminal Law Amendment (IX).

The overall spirit and requirements of this revision are to raise the policy requirements of the CPC Central Committee to strictly punish bribery to legal provisions, adhere to the joint investigation of bribery and further increase the punishment of bribery crime, which is mainly reflected in three aspects: first, clearly enumerate the serious situation of bribery. It includes seven situations: repeatedly offering bribes or offering bribes to more than one person; State functionaries offer bribes; Paying bribes in national key projects or major projects; Paying bribes in order to seek post, rank promotion or adjustment; Bribing supervisory, administrative law enforcement and judicial personnel; Bribery in ecological environment, finance, production safety, food and drugs, disaster prevention and relief, social security, education, medical care and other fields, and illegal and criminal activities; Using illegal gains as bribes. It clearly stipulates that these seven types of bribery should be severely punished. The spirit of heavier punishment is not only reflected in the sentencing of judicial application, but also in the investigation and punishment of supervision and law enforcement links. The second is to adjust and improve the penalty of the unit bribery crime. In practice, some bribers paid bribes in the name of the unit to avoid punishment, resulting in unbalanced case handling. All aspects reflected that the punishment for bribery by the unit was insufficient, and the criminal law was accordingly revised. Third, the punishment of other bribery crimes should be adjusted accordingly. According to the different subject, object and behavior of bribery crime, our criminal law stipulates many charges. After making adjustments to the crime of bribery and the crime of unit bribery, in order to implement the spirit of strict punishment, the legal punishment of other bribery crimes such as the crime of unit bribery should be adjusted accordingly to achieve convergence and balance.

At present, the fight against corruption has won an overwhelming victory and has been consolidated in an all-round way, but the situation is still grim. In practice, compared with bribery cases, bribery punishment is still weak, and the proportion of bribery cases filed and investigated is still low. After the Criminal Law Amendment (XII) is passed and implemented, the relevant law enforcement and judicial departments should accurately grasp the legislative spirit, strengthen and improve the relevant work. While maintaining the high pressure situation of punishing bribery crimes, we should strengthen the punishment of bribery, properly grasp the policy scale of investigating bribery cases, reverse the concept of some law enforcement officers who pay more attention to combating bribery than to combating bribery, constantly improve the ability and level of handling cases, and resolutely put on record the bribery cases that should be investigated and dealt with in accordance with the law, In general, it is not easy to refuse to transfer or punish the person who is determined to deal with the matter, but it should be handled strictly.

Reporter: What are the considerations of the Criminal Law Amendment (XII) on the modification and improvement of corruption related crimes committed by private enterprises' internal personnel, and how to accurately understand and grasp them in practice?

Xu Yongan: Articles 165, 166 and 169 of the 1997 Criminal Law respectively stipulate the crime of illegal operation of similar businesses by relevant personnel of state-owned companies and enterprises, the crime of making illegal profits for relatives and friends, and the crime of converting shares at a low price and selling state-owned assets through favoritism and fraud. In recent years, with the development and growth of private economy, some new situations and problems have emerged in this area of crime. These behaviors have gradually emerged and increased in private enterprises, seriously infringing the rights and interests of private enterprises and entrepreneurs, and there is a high demand for strengthening punishment according to law. This amendment to the Criminal Law, through extensive and in-depth research, on the basis of joint research and consensus with relevant parties, defines as crimes three kinds of behaviors that are most concentrated and urgent in practice, namely, illegal operation of similar businesses, illegal profit making for relatives and friends, and share conversion at low prices for favoritism and fraud, and asset sales, Further protect the rights and interests of private enterprises and entrepreneurs equally according to law.

In recent years, deputies to the National People's Congress and members of the National Committee of the Chinese People's Political Consultative Conference have put forward many suggestions on improving the provisions on corruption related crimes among private enterprises' internal personnel, most of which are representatives and members of private enterprises. The Criminal Law Amendment (XII) adheres to the problem orientation, bases itself on the needs of practice, and makes provisions for improving the corruption related crimes of private enterprises' internal personnel, which will further enhance the confidence of private entrepreneurs and provide legal means for private enterprises to effectively prevent and punish internal corruption crimes. After the Criminal Law Amendment (XII) was deliberated and passed, some NPC deputies, CPPCC members and entrepreneurs' representatives accepted the improvement of corruption and breach of trust related crimes in private enterprises in the Criminal Law through various ways.

To accurately understand and apply the Criminal Law Amendment (XII), we should pay attention to the following aspects in practice: First, we should deeply understand the spirit of the important policy documents of the CPC Central Committee on promoting the development and growth of private economy, fully consider the actual situation of private enterprise development in law enforcement and justice, and accurately grasp the criminal nature and constitutive conditions of the three crimes revised this time, The purpose of protecting private enterprises is to punish corruption crimes committed by internal personnel of private enterprises according to law. The second is to implement and strengthen the protection of private enterprises in law enforcement and justice, and the relevant parties should attach importance to and study and solve the problems such as the difficulty in filing and investigating the prominent corruption cases involving private enterprises reflected in practice. The third is to accurately define the legal responsibility. For the conflicts and disputes involving the internal shareholders and family members of the enterprise, we should pay attention to grasp the boundaries of crime and the cross legal issues of civil and criminal law, and prevent the use of criminal means to interfere in the normal production and operation of the enterprise. The fourth is to further improve the source of corruption in private enterprises and the institutional mechanisms to prevent and control corruption.

Reporter: The Twelfth Amendment to the Criminal Law will come into force on March 1, 2024. Please introduce how the People's Court implements the Twelfth Amendment to the Criminal Law and punishes bribery according to law?

Ma Yan: The Twelfth Amendment to the Criminal Law has strengthened the punishment of bribery crimes, seized the key to cutting off the "hunting" corruption, power and money trading interest chain, which is of great significance to eradicate the soil and conditions of corruption, and further play the role of criminal law in the integrated promotion of the system and mechanism of "dare not corrupt, can not corrupt, do not want to corrupt". In the trial work, we should focus on the following three aspects:

First, we will continue to punish bribery crimes in accordance with the law. If bribery is not investigated, bribery will continue. We should implement the decisions and arrangements made by the Central Committee of the Communist Party of China, adhere to the joint investigation of bribery, and effectively reverse the concept of "taking bribes seriously and taking bribes lightly". We should always adhere to the strict tone, strict measures and strict atmosphere, and effectively increase the punishment of bribery while maintaining the high-pressure situation of punishing bribery crimes.

The second is to highlight the key points, precise and effective punishment. Those who have repeatedly bribed, paid huge amounts of bribes, bribed many people, or harmed the political ecology of one party shall be severely punished according to law. Bribery in national key projects and major projects, as well as in the fields of organization and personnel, discipline enforcement and justice, ecological environment protection, finance and finance, production safety, food and drugs, disaster prevention and relief, social security, education, medical care, etc., shall be severely punished according to law, and the zero tolerance shock and high pressure punishment force shall remain constant.

The third is to deepen the treatment of both symptoms and root causes and to treat them systematically. We will intensify the efforts to recover and correct the illegitimate benefits obtained from bribery, and strengthen the application and enforcement of property punishment for bribery criminals, so that they will never profit from it. We will further improve the working mechanism for joint punishment of bribers, work together to punish bribery crimes, and continue to make efforts to advance the fight against corruption in depth.

At present, the Supreme People's Court, together with the Supreme People's Procuratorate, is studying and formulating the Interpretation of Several Issues Concerning the Application of Law in Handling Criminal Cases of Corruption and Bribery (II It has been comprehensively, correctly and effectively implemented.

Reporter: How should we accurately apply the relevant provisions of the Twelfth Amendment to the Criminal Law to punish corruption crimes committed by private enterprises in accordance with the law?

Ma Yan: The Criminal Law Amendment (XII) increases the punishment of corruption crimes committed by private enterprises' internal personnel, and further strengthens the equal protection of private enterprises, which is of great significance for protecting the rights and interests of private enterprises and entrepreneurs according to law and promoting the development and growth of private economy. In the trial work, we should focus on the following three aspects:

First, accurately grasp the legislative spirit. We should grasp the two keywords of "protection" and "equality". The first is "protection". The amendment is aimed at the internal personnel of enterprises taking advantage of their positions to implement the behavior of "harming the enterprise and enriching the private", aiming to increase the punishment of acts against private enterprises and help enterprises and entrepreneurs fight against corruption. The second is "equality". The amendment expanded the relevant criminal subjects to the internal personnel of private enterprises, and achieved equal protection of private enterprise property rights and the legitimate rights and interests of entrepreneurs through the equal punishment of the behavior of infringing on the property of state-owned enterprises and private enterprises.

Second, accurately grasp the elements of crime. The amendment (12) to the Criminal Law on the corruption crime committed by the internal personnel of private enterprises involves articles 165, 166 and 169 of the Criminal Law. In essence, the above-mentioned crimes are that the internal personnel of the enterprise take advantage of their positions to conduct illegal benefit transmission and damage the interests of the enterprise. In judicial practice, we should correctly grasp that the premise of incrimination is violation of laws and administrative regulations, and objectively there must be acts that "harm enterprises and enrich private interests", and cause heavy losses to companies and enterprises, so as to prevent separation from constitutive requirements and improper identification of crimes.

Third, accurately grasp the policy scale. While strengthening the punishment of corruption crimes committed by private enterprises' internal personnel, we should fully consider the actual situation of the development of private enterprises, accurately grasp the policy yardstick, and achieve that leniency is lenient, while severity is strict, leniency and severity are combined, and punishment is the crime. It is inadvisable to treat as a crime any act of operating the same kind of business that has been approved by the company and has not violated the duty of loyalty. If the internal personnel of private enterprises take the initiative to account for criminal acts, actively return stolen goods and compensation, reduce the occurrence of damage, and reach an understanding and settlement with the enterprises, leniency will be given according to law.

Reporter: In judicial practice, what are the difficulties for procuratorial organs in handling bribery cases? How can the Twelfth Amendment to the Criminal Law help solve these problems?

Gao Jingfeng: The crime of bribery is an accomplice, and the crime of bribery is an important inducement for the crime of bribery. The constant trend of "hunting" and corruption makes it difficult to effectively curb the increase of corruption. In recent years, in the process of punishing the bribery crime, the procuratorial organ found that the bribery crime mainly presented the following characteristics: First, the amount of bribery increased. Among the defendants of bribery crime, the proportion of the amount involved in the case of more than one million yuan rose from 14.8% in 2017 to 48.6% in 2023, of which the proportion of more than five million yuan rose from 3% in 2017 to 24.5% in 2023, and the amount of bribery showed a significant upward trend. Second, bribery crimes are frequently committed in key areas. In recent years, bribery crime cases mostly occur in the key areas of power concentration, capital concentration and resource enrichment, and even exist in some aspects or units regularly, such as enterprise operation, project construction, personnel organization, law enforcement and justice, and form a nest of bribery cases. Third, the number of bribery crimes committed by units has increased. Some enterprises have a weak sense of compliance with the law, irregular internal management, and wantonly obtain business opportunities and competitive advantages by means of bribery. In addition, external supervision is not in place, leading to an increase in bribery crimes.

Article 5 of the Criminal Law Amendment (12) revised Article 390 of the Criminal Law, and Article 7 revised Article 393 of the Criminal Law, further improving the provisions on the crime of bribery, and increasing the punishment of bribery, which will help solve the problems in handling bribery cases in the following aspects: First, the penalty structure of the crime of bribery has been optimized and adjusted, Make the penalty of bribery and bribery more balanced. Second, severe punishment of several types of serious bribery will be based on the law. The Criminal Law Amendment (XII) clearly releases the signal of "bribery and bribery investigation together", and stipulates seven bribery situations that need to be punished, including multiple bribery or bribery to multiple people, bribery in national key projects and major projects, bribery for seeking positions, rank promotion, adjustment, etc. Third, it is conducive to solving the problem of the wide gap between the legal punishment of unit bribery and individual bribery. In order to solve the problem that some bribe givers offer bribes in the name of the unit, evade punishment or seek a lighter punishment in practice, the Criminal Law Amendment (XII) has adjusted the punishment range of the crime of bribery of the unit from one level to two levels, and the maximum legal punishment has been adjusted from a fixed-term imprisonment of less than five years to a fixed-term imprisonment of less than ten years, changing the previous phenomenon of insufficient punishment for the crime of bribery of the unit.

Reporter: In the past judicial practice, some law enforcement personnel have the tendency of "taking bribes seriously and taking bribes lightly" in investigating and handling cases. After the implementation of the Twelfth Amendment to the Criminal Law, how to grasp the legislative spirit and strengthen the fight against bribery?

Gao Jingfeng: At the 20th National Congress of the Communist Party of China, it was emphasized that "anti-corruption and punishment should be carried out with zero tolerance, the increase should be more effectively contained, and the stock should be more effectively removed" and "bribery should be checked together". In the process of investigating and dealing with bribery crimes in the past, due to the large number of people involved and the difficulty in investigating and dealing with them, the phenomenon of "taking bribes seriously and taking bribes lightly" appeared to a certain extent. In recent years, the procuratorial organ has strengthened cooperation and mutual restriction with the supervisory organ and the judicial organ, jointly increased efforts to punish bribery crimes, and continuously improved the quality of handling cases. The implementation of the decision deployment of insisting on joint investigation of bribery is showing its effectiveness. In December 2022, the Supreme People's Procuratorate issued the Guiding Opinions on Strengthening the Handling of Bribery Cases, further implementing the deployment requirements of the CPC Central Committee, combining the new situation and problems in handling bribery cases, providing normative guidance for procuratorial organs at all levels based on their functions to severely punish bribery crimes and improve the quality and efficiency of handling cases, and helping to promote the joint investigation of bribery, We will work to address both the root causes and root causes of corruption.

After the implementation of the Twelfth Amendment to the Criminal Law, the procuratorial organ will, in combination with the implementation of the Guiding Opinions on Strengthening the Handling of Bribery Cases, grasp the legislative spirit from the following aspects to strengthen the fight against bribery: first, improve the political position and update the judicial concept of law enforcement. Deeply understand the great political significance of the decision making and deployment of the joint investigation of bribery, fully understand that the "hunting" of party members and cadres by bribe givers by all means is an important reason for the current increase in corruption, resolutely abandon the cognitive bias of "taking bribes seriously and taking bribes lightly", and with the firm determination and practical measures of "curbing the source" and "cutting off the flow", accurately and effectively punish bribery crimes in accordance with the law. Second, strictly implement the legal responsibility of cooperation and restriction to form joint efforts. We will strengthen the review of bribery in bribery cases, transfer the clues of bribery crimes to the supervisory authorities in a timely manner in accordance with the law, and track and handle them at the same time to ensure that they are investigated and dealt with in accordance with the law. We will focus on examining issues such as the light or unbalanced sentencing of bribery cases, and comprehensively use methods such as simultaneous review of judgments, protest, correction of violations, and procuratorial advice to conduct trial supervision according to law. Third, increase the efforts to recover and correct the illegitimate benefits obtained from bribery. The illegitimate property interests obtained by the crime of offering bribes shall be recovered, ordered to return compensation or returned to the victim in strict accordance with the provisions of Article 64 of the Criminal Law. It is suggested that the relevant units should correct the illegal and non property interests obtained by the bribery crime in a timely manner through cancellation, change and other measures in accordance with laws and regulations. Fourth, further improve the work related to source prevention. Continue to do a good job in compliance work of enterprises involved in bribery crime, and promote enterprises to operate in accordance with laws and regulations; Make full use of case handling big data, analyze and judge the characteristics of common multi issue bribery crimes and the management loopholes behind them, put forward targeted procuratorial suggestions or special reports in a timely manner, and promote social governance; In combination with handling cases, we should strengthen the publicity of law popularization, interpret relevant policies and laws, strengthen the public's immunity to bribery crimes, and create a clean and healthy social atmosphere.

Reporter: The Criminal Law Amendment (XII) has strengthened the punishment of crimes committed by private enterprise insiders against enterprise property. What are the characteristics of the current crimes committed by private enterprises? After the implementation of the Twelfth Amendment to the Criminal Law, how to implement the relevant provisions and strengthen the protection of the property rights of private enterprises and the legitimate rights and interests of entrepreneurs?

Gao Jingfeng: With the development of private economy, crimes committed by private enterprise insiders against the legitimate rights and interests of enterprises have become increasingly prominent. Crimes committed by private enterprise insiders, especially private enterprise executives, finance, procurement, sales, technology and other key positions, not only seriously damage the legitimate rights and interests of private enterprises, affect the core competitiveness and innovative development of private enterprises, but also disrupt the fair competition market order and destroy the development environment of private enterprises. In July 2023, in order to thoroughly implement the Opinions of the Central Committee of the Communist Party of China and the State Council on Promoting the Development and Growth of the Private Economy, the Supreme People's Procuratorate issued the Opinions on Punishing and Preventing Crimes by Private Enterprise Insiders Infringing on the Legal Rights and Interests of Private Enterprises and Creating a Good Legal Environment for the Development of the Private Economy, guiding procuratorial organs at all levels to punish crimes by private enterprise insiders in accordance with the law.

In recent years, the procuratorial organ has found that the current crimes committed by private enterprises' internal personnel show the following characteristics: First, the charges involved are relatively concentrated, and the internal handling of enterprises is relatively common. The cases of corruption crimes within private enterprises accepted by the procuratorial organs are mainly traditional violations of enterprise property, and the charges focus on four charges: official embezzlement, misappropriation of funds, bribery of non-state staff and bribery of non-state staff. Non traditional crimes such as infringement of trade secrets, insider trading and damage to the interests of listed companies are also increasing. However, private enterprises are often the first choice when facing the problem of internal personnel crimes. They show great tolerance to criminal employees, and only a few of them report to the public security organ, which leads to the failure to eliminate the potential for reoffending in a timely manner. Second, the industry has obvious characteristics and concentrated risk links. Most of the crimes committed by private enterprises' internal personnel occur in the weak links of internal management and power supervision, such as daily business operations, financial management, product production, warehousing and transportation. From the perspective of enterprise scale, small and micro enterprises have a large base and imperfect corporate governance elements such as internal management and compliance construction, which lead to more crimes committed by their insiders. The third is the convergence of behavior patterns, involving a large number of people. From the perspective of crime means, self theft is a typical form of crimes committed by private enterprise insiders, which is mainly manifested in the embezzlement and misappropriation of company property by key post personnel by taking advantage of their positions, company regulatory loopholes. In recent years, internal and external collusion crimes and group corruption have become the new trend of crimes committed by private enterprises. From the perspective of the positions of the personnel involved, they mainly include the company's senior managers, department, project or regional business heads, as well as staff in key positions such as accounting, cashier, procurement and sales. These personnel have relatively large enterprise operation and management authority, and have the natural "convenient conditions" to commit crimes.

Article 1 of the Criminal Law Amendment (12) adds one paragraph as the second paragraph in Article 165 of the Criminal Law, one paragraph as the second paragraph in Article 166 of the Criminal Law, and one paragraph as the second paragraph in Article 169 of the Criminal Law in Article 3 of the Criminal Law, adding provisions on punishing corruption related crimes committed by internal personnel of private enterprises. The procuratorial organ will implement the relevant provisions of the Criminal Law Amendment (XII) from the following aspects to effectively protect the property rights of private enterprises and the legitimate rights and interests of entrepreneurs, in combination with the implementation of the Opinions on punishing and preventing crimes committed by private enterprise insiders against the legitimate rights and interests of private enterprises in accordance with the law and creating a good legal environment for the development of private economy: First, handle cases strictly in accordance with the law. Punish the crimes committed by the internal personnel of private enterprises, especially the personnel in key positions, which affect the healthy development of private enterprises in accordance with the law, increase the punishment of corruption such as occupation of duties and misappropriation of funds committed by the internal personnel of private enterprises in accordance with the law, and promote the source prevention and corruption governance of private enterprises in combination with handling cases; Handle according to law the behaviors of private enterprise insiders who, taking advantage of their positions, illegally operate similar businesses, illegally make profits for relatives and friends, and engage in malpractices for personal gain to convert shares at a low price, and sell enterprise assets; We will crack down on crimes such as infringement of trade secrets, trademark rights and copyrights committed by key technical and management personnel in private enterprises that affect the innovative development of enterprises. We will protect the property rights of private enterprises and the legitimate rights and interests of entrepreneurs in accordance with the law, and promote the establishment of a mechanism for preventing private enterprises from corruption at the source. Second, earnestly perform the function of legal supervision, strengthen the supervision of litigation activities, especially continue to strengthen the supervision of case filing, give full play to the role of investigation supervision and cooperation mechanism, and resolutely prevent and correct the use of criminal means to intervene in economic disputes; Strengthen the supervision of criminal compulsory measures related to property rights, avoid the seizure and seizure of frozen property beyond the authority, scope, amount and time limit, and minimize the impact of handling cases on the normal office work and legal production and operation of enterprises. Third, according to the Criminal Law Amendment (XII), timely adjust and improve the relevant judicial interpretation and the standards for filing and prosecution, promote the unified judicial standards for punishing key personnel in private enterprises according to law, and further implement the requirements for equal protection in the implementation of the law. Fourth, deepen the compliance reform of enterprises involved in the case, handle the compliance cases of enterprises involved in the case with high quality and efficiency, strengthen practical exploration with relevant parties, promote the application of compliance rectification in the whole process of criminal proceedings, explore the establishment of a modern enterprise compliance judicial system with Chinese characteristics, guide and support private enterprises to prevent and respond to external challenges such as foreign-related legal risks, Promote compliance and law-abiding operation to become the conscious compliance of private enterprises. Fifth, strengthen the effective connection between administrative law enforcement and criminal justice, and form joint efforts to punish key personnel in private enterprises for crimes. We will strengthen the rule of law education for private entrepreneurs and personnel in key positions in private enterprises, and regularly carry out publicity and education on the rule of law by means of case interpretation, so as to promote the awareness of entrepreneurs and enterprise employees on the rule of law.

Reporter: What has the public security organ done to strengthen the legal protection of private economy?

Sun Ping: In recent years, the public security organs have actively promoted the standardization of law enforcement, comprehensively standardized the law enforcement behavior involving enterprises, and legally protected the property rights of private enterprises and the legitimate rights and interests of entrepreneurs. First, the Supreme People's Procuratorate and the Supreme People's Procuratorate jointly revised the Provisions on the Criteria for Filing and Prosecuting Criminal Cases under the Jurisdiction of Public Security Organs (II) to further clarify the boundaries between crime and non crime, economic disputes and economic crimes, and clarify that the same criteria for incrimination should be adopted for duty crimes committed by non state personnel as for duty crimes committed by state personnel, so as to equally protect state-owned enterprises, private enterprises Legal rights and interests of various market entities such as small, medium-sized and micro enterprises. The second is to issue guidance on establishing and improving the working mechanism for economic crime case management, promote the establishment of a nationwide substantive, standardized and systematic working mechanism for economic crime case management, realize the overall management of all elements, all directions and all processes of enterprise related case investigation, and effectively prevent and control the irregular law enforcement of various economic crime cases, including enterprise related cases. Third, we issued ten work guidelines for the convenience of people and enterprises, and put forward clear requirements in terms of facilitating the reporting of cases by enterprises, strengthening the protection of the legitimate rights and interests of enterprises, strictly regulating law enforcement, and regularly carrying out publicity on the rule of law. Fourth, further standardize the work process of economic crime case receiving and reporting, and strengthen the supervision and management of case receiving and filing. At the same time, the construction of economic crime case reception centers has been strengthened. Some provinces and cities have achieved full coverage of economic crime case reception centers, providing convenient conditions for private enterprises to report cases. Fifthly, we continued to carry out the special clean-up of "pending cases" of criminal proceedings involving private enterprises. More than 6000 "pending cases" of criminal proceedings involving private enterprises have been investigated and cleared, which has effectively safeguarded the legitimate rights and interests of private enterprises, created a good legal environment for the development of private economy, and was elected by the All China Federation of Industry and Commerce as one of the top ten events to promote the construction of the rule of law in private economy.

Reporter: Next, what measures will the public security organs take to implement the Twelfth Amendment to the Criminal Law and strengthen the equal protection of private enterprises?

Sun Ping: The Twelfth Amendment to the Criminal Law fully embodies the spirit of equal protection for private enterprises and puts forward higher requirements for law enforcement activities of public security organs. Next, the public security organ will further standardize the law enforcement activities involving enterprises, and strengthen the equal protection of private enterprises from the system, mechanism and practice. First, improve the supporting system. Together with the relevant departments of the Supreme People's Procuratorate, we will study and draft the Supplementary Provisions to the Provisions on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (II) as soon as possible, to provide a clear basis for the law enforcement and justice of the three crimes involved in the Criminal Law Amendment (XII), namely, the crime of illegal operation of the same kind of business. The second is to strengthen law enforcement supervision of enterprise related cases. Together with the Supreme People's Procuratorate, we will further improve the working mechanism of investigation supervision and cooperation, strengthen the connection between the law enforcement supervision of public security organs and the investigation supervision of the People's Procuratorate, and improve the efficiency of supervision and the quality of handling cases. We will further strengthen the supervision of the whole process of case review and law enforcement, and improve the mechanism for handling complaints and reports. Give full play to the role of the "12389" enterprise appeal platform, and seriously deal with the problems that damage the interests of enterprises, such as the public security organs being placed on file in violation of regulations, intervening in economic disputes, and punishing illegal charges. The third is to promote the assessment of the necessity of custody. We will promote the strict application of the Provisions on the Review and Evaluation of the Necessity of Detention by the Public Security Organs of the People's Procuratorates, strictly distinguish between economic disputes and economic crimes, standardize the application of custodial coercive measures such as detention and arrest according to law, and minimize the impact on the production and operation of enterprises on the premise of ensuring the handling of cases. Fourth, protect the property rights and interests of enterprises according to law. We will continue to address persistent problems in law enforcement activities, such as profit seeking law enforcement, and law enforcement activities that exceed authority, scope, amount, and time limit, such as seizure, seizure, and freezing of property involved in cases. We will focus on troubleshooting and correcting law enforcement problems, such as irregular freezing, and explore the use of big data and information technology to strengthen law enforcement supervision. (Reporter Jing Long)

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