In order to thoroughly implement the spirit of General Secretary Xi Jinping's important speech at the forum on private enterprises, comprehensively implement the decision deployment of the Supreme People's Procuratorate on vigorously supporting the development and growth of private enterprises Practice of the activity of "visiting enterprises and entrepreneurs" carried out by the procuratorial organ , aiming at problems, making efforts accurately, helping private economy healthy Development, November 20, Anhui Province Ningguo People's Procuratorate The People's Procuratorate of Ningguo City has issued the Policy on Serving and Ensuring the Healthy Development of Private Economy Ten measures 》(hereinafter referred to as the "Ten Measures").
The Ten Measures mainly focus on one main line, emphasizing two footholds, achieving three considerations, ensuring four avoidance, creating five environments, and closely combining with the special fight against crime Public interest litigation Key work to protect the personal integrity of enterprise investors according to law Property security , focusing on strengthening judicial protection of enterprise innovation, strengthening legal supervision, etc 。
One main line
Focusing on the implementation of the spirit of General Secretary Xi Jinping's important speech at the private enterprise forum, we will fully support and ensure the healthy development of private enterprises.
Two footholds
Based on the procuratorial function, based on the needs of enterprises.
Three considerations
Before handling the case, consider which way to use without affecting the image and reputation of the enterprise;
What means should be considered to maintain the normal operation of the enterprise in case handling;
After handling the case, consider how to make the enterprise recover the loss as much as possible and get out of the predicament.
Four Avoidances
Avoid affecting the normal flow of enterprise funds;
Avoid affecting the normal production and operation activities of the enterprise;
Avoid affecting the corporate image and reputation;
Avoid affecting the investment environment.
five
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Environment
Safeguard legitimate rights and interests, and create a harmonious and stable social environment;
Standardize the economic order and create an honest and orderly market environment;
strike Duty crime Create a clean and upright government environment;
Strengthen legal supervision and create Fairness and justice Rule of law environment;
Improve the quality and efficiency of justice and create a high-quality and efficient service environment.
The Ten Measures regard safeguarding and serving the healthy development of private enterprises according to law as an important political task, innovate and improve the working mechanism, optimize and refine policies and measures, and ensure that the decisions and arrangements of the Party Central Committee are implemented.
《 Ningguo People's Procuratorate On serving and ensuring the healthy development of private economy Ten measures 》
In order to implement the 19th National Congress of the Communist Party of China and the important directive spirit of General Secretary Xi Jinping on the development of private economy, as well as the decision and deployment of the higher procuratorial organ on serving and guaranteeing the development of non-public economy, we should further optimize the private economy based on the procuratorial function and in combination with the actual development of private economy in our city healthy The following measures are formulated for a good development environment:
1、 Safeguard legal rights and create a harmonious and stable social environment
1. We will deepen the fight against organized crime. Focus on combating criminal organizations of underworld nature and criminal gangs of evil forces violence , coercion and other means to collect "protection fees" from private enterprises, bully the market, force projects, force transactions, obstruct construction, force coercion and other disturbances Market economic order The criminal act of. Clear the priority channel for handling cases involving criminal syndicate and criminal syndicate, and deal with them together once they are found. On the basis of a comprehensive review of the facts, evidence and procedures, the arrest and prosecution of such cases should be speeded up in accordance with the law, so as to ensure the effective connection of all links.
2. Legal protection of corporate investors Property security 。 Give full play to the functions of arrest and prosecution, crack down on criminal crimes that infringe the legitimate rights and interests of enterprises and their managers, such as stealing and robbing enterprise assets, and properly deal with those caused by economic disputes violence In cases of debt collection, kidnapping, illegal detention, etc., we should crack down on economic crimes such as embezzlement or misappropriation of enterprise funds by taking advantage of our position, and bribery of management personnel, which undermine the order of enterprise operation and management and infringe on the legitimate rights and interests of enterprises, and earnestly safeguard the legitimate rights and interests of enterprises and their practitioners. For criminal cases transferred by relevant departments involving private enterprise bribers and private entrepreneurs, compulsory measures should be taken prudently according to law, and full consideration should be given to the need to protect the development of enterprises.
2、 Standardize economic order and create an honest and orderly market environment
3. We will continue to intensify efforts to crack down on economic crimes. Examining, arresting and prosecuting crimes against fair competition, such as forced contracting of projects, collusion in bidding, forced trading, monopolistic operation and intentional damage to business reputation. Punish and utilize according to law online finance Platform, engaging in illegal activities under the banner of financial innovation and other crimes that increase financial risks. Increase the use of misappropriated funds commercial bribe Destruction of production and operation, contract fraud, illegal operation, etc Market economic order Efforts to crack down on crimes that damage the business environment.
4. We will strengthen judicial protection of enterprise innovation. Earnestly implement the suggestions of the Provincial People's Court to ensure the promotion of innovation and development in our province, strengthen the judicial protection of property rights, and increase the support for private enterprises intellectual property right Protection efforts to create a good environment for private entrepreneurs to innovate and start businesses. Strive to correct administrative law enforcement agencies' actions against suspected violations of private enterprises intellectual property right There are problems such as no transfer of crimes, replacing punishment with punishment, and degrading treatment. Actively build five mechanisms of encouragement, fault tolerance, protection, service and coordination, and strive to create a judicial guarantee of "supporting innovative exploration, tolerating innovative errors, and protecting innovative achievements" technological innovation Atmosphere.
3、 Fight against job-related crimes and create a clean and upright government environment
5. Strive to build a new type of political business relationship. Illegal detention, extortion of confessions by torture, illegal search, and perverting the law, which are found by judicial staff in the legal supervision of litigation activities, violate the personal rights of private enterprises and damage the justice credibility The case shall be filed for investigation according to law. Timely appoint prosecutors to intervene in cases where the supervisory commission asks for early intervention, and investigate, arrest and prosecute crimes that may infringe on the interests of enterprises by taking advantage of their positions in market access, market supervision, investment promotion and other fields. Examining, arresting and prosecuting according to law in the fields of engineering construction, medicine purchase and sale, land transfer, property right transaction, etc Duty crime Cases.
4、 Strengthen legal supervision and create Fairness and justice Rule of law environment
6. Constantly optimize the procuratorial supervision of civil and administrative organs. Guarantee according to law private economy The subject applies for the right of supervision, strengthens the supervision of civil and administrative adjudication activities and enforcement activities involving enterprises, and focuses on the supervision and correction of illegal acts of judicial personnel who wrongly take enforcement measures, wrongly dispose of the subject matter of execution, wrongly add the person to be executed and other violations of the property rights and interests of private enterprises. We will strengthen supervision over false lawsuits and malicious lawsuits involving private enterprises. Correctly use the power of investigation and verification to comprehensively promote the prosecution Public interest litigation Work to safeguard the legitimate rights and interests of private enterprises.
7. We will effectively strengthen criminal procuratorial supervision. Strengthen the supervision of case filing and investigation activities, supervise and correct according to law the problems that public security organs should file but not file cases involving private enterprises, should not file but file cases, illegally use criminal means to intervene in economic disputes, and apply coercive measures, seal up and detain frozen funds, accounts, assets, etc. We should strengthen supervision over criminal trials and enforcement activities, supervise cases involving private enterprises that the people's courts have made mistakes in accordance with the law, and strengthen supervision by means of protests, procuratorial suggestions and other means according to the specific circumstances of the cases.
5、 Improve the quality and efficiency of justice and create a high-quality and efficient service environment
8. Pay attention to improving the way and method of judicial case handling. Take the initiative to change and adapt in judicial philosophy, policy interpretation, law application, intervention opportunity, code of conduct and other aspects, and achieve "three considerations" and "four avoidance". The "three considerations" are: when handling enterprise related cases, consider which methods will not affect the image and reputation of the enterprise before handling the case, consider what means to use to maintain the normal operation of the enterprise during handling the case, and consider how to make the enterprise recover losses as much as possible and get out of difficulties after handling the case. The "four avoidance" means to avoid affecting the normal flow of funds, normal production and operation activities, image and reputation of the enterprise, and investment promotion environment.
9. Actively unblock the channels for expression of appeals. Through video interview, 12309 reporting network platform, portal website, NPC deputies, CPPCC members' direct appointment with the Procurator General and other channels, create a four in one appeal expression system. Establish a "green channel" to serve the development of private enterprises, and assign special personnel to be responsible for and deal with reports and complaints that damage the legitimate rights and interests of private enterprises in a timely manner. Adhere to prevention first education The principle of dredge, handle according to law and prevent intensification is to do a solid job in handling and resolving social conflicts involving the business environment of private enterprises.
10. Establish and improve the docking mechanism between inspection and enterprises. By visiting enterprises on the spot, we can understand the legal issues and specific judicial appeals in the production and operation of enterprises, further strengthen communication and coordination with the Federation of Industry and Commerce, actively extend our work contacts, visit enterprises regularly, ask for needs, listen to suggestions, "feel the pulse" of legal issues involved in enterprise production and operation, and help enterprises improve their systems, plug loopholes Standardize management and optimize the internal environment of the enterprise. Gather "two micro and one end" palm media resources and actively explore“ internet +The new platform of "procuratorial services" expands the breadth and depth of procuratorial affairs openness and provides enterprises with fast, convenient and efficient procuratorial services.
Anhui Procuratorate new media Production
Source: Ningguo Procurator WeChat official account
